State of Himachal Pradesh vs Parkash Chand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1135

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of Himachal Pradesh – Appellant
Versus
Parkash Chand – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Parshant Sen, Deputy Advocate General
For the Respondent:Mr. Sarvedaman Rathore, Advocate

JUDGMENT :
Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 28.07.2012 passed by learned Chief Judicial Magistrate, Sirmour, District at Nahan (learned Trial Court) vide which the respondent (accused before learned Trial Court) was acquitted of the charges framed under Sections 325 and 323 of the Indian Penal Code (IPC). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Sections 323 and 325 of the IPC. It was asserted that informant Parminder Singh (PW-2) and his uncle Sarwan Kumar (PW-3) were going to their home on 22.08.2010 at about 9:30 p.m. They met Parkash Chand (accused) on the way. The informant and the accused had a dispute over the land. The accused gave beatings to the informant Parminder Singh (PW-2) and Sarwan Kumar (PW-3), who sustained injuries. The matter was reported to the police. An entry (Ext.PW8/A) in the daily diary was recorded in the Police Station. An a