V.K. Ahuja, J.(Oral)-This is an appeal filed by the State of Himachal Pradesh under Section 378 of the Cr.P.C. against the judgment of the court of learned Additional Chief Judicial Magistrate, Hamirpur, H.P., dated 29.11.2001, vide which the respondents were acquitted of the charge framed against them under Sections 341, 323 and 325 read with Section 34 of the Indian Penal Code.

2. Briefly stated the facts of the case are that on 17.12.1997, the statement of the complainant Piar Chand was recorded by the police in which he alleged that he was going towards his house and at about 7.00 p.m., when he was going to see his vehicle, respondent Pawan Kumar came there and stopped his way. Respondent Raj Kumar also came there, who gave him blows numbering 5 to 7 with iron rod on his head. He alleged that there were other persons also present on the spot but due to darkness, he could not identify them. He also alleged that he had a dispute with Relu Ram in regard to fencing which had taken place several times. He further alleged that after giving the blows, Raj Kumar and Pawan Kumar ran away from the spot. He further alleged that he started proceeding further and on the turning, h