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1. State is hereby assailing the judgment and order of
acquittal dated 31.08.2005 passed by learned Judicial Magistrate
First Class, Jafrabad in R.C.C. No.1 of 2003 acquitting respondents
from offence punishable under section 324 read with section 34 of
Indian Penal Code.
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Cri.Appeal.58.2006
FACTUAL MATRIX
2. Prosecution was launched against respondents on
report lodged by PW1 Baliram stating that on 17.11.2002, around
8:00 a.m., accused persons picked up quarrel over common ridge in
between their fields and accused no.1 Santosh gave blow of chain
on his head. Accused No.3 Sukhdeo gave kick blows on his face, due
to which informant dislodging his teeth. His father and nephew
came to rescue and that time accused persons gave blow on private
part of his father. Around 20 accused persons gathered there to
assault him, his father and nephew, and therefore, he lodged report
Exh.21 and in consequence to which crime was registered bearing
No. 67 of 2002 for offence punishable under section 324 read with
section 34 of IPC. Investigating Officer carried out investigation
and after gathering evidence, charge-sheeted accused persons, who
were tried vide R.C.C. No. 1 of 2003, wherein prosecution adduced
in all six witnesses and relied on documentary evidence like FIR,
injury certificate and pancha etc.
After recording statement under section 313 of Cr.P.C.,
and on hearing both sides, learned trial court by its judgment and
order dated 31.08.2005 acquitted accused from the above charges,
which is now the subject matter of appeal on behalf of State.
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