KAMLA DEVI Vs. JUDICIAL MAGISTRATE & OTHERS

JUDGEMENT

(1.) On an FIR lodged by the informant / revisionist Smt. Kamla Devi, the investigation started in case crime no. 72 of 2004, under Sections 147, 354, 323, 506 of IPC. The FIR was lodged on 06.08.2004, in police station, Kotwali, Champawat against seven accused persons, in respect of said offences. The complainant took recourse to Section 156(3) of Cr.P.C. and only then the criminal law was set into motion against the accused persons. After the investigation, a chargesheet for the offences punishable under Sections 147, 323, 506 of IPC was submitted against five accused persons. Charge was also framed in respect of selfsame offences to which they pleaded not guilty and claimed trial.

(2.) Pw1 Kamla Devi, PW2 Vinod Pandey, PW3 Anand Singh, PW4 Basant Singh Bora, PW5 Vinod Kumar Joshi, PW6 A.S.I. Surendra Singh Kushwaha and PW7 Constable Mahesh Lal were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 of Cr.P.C., in reply to which they said that they were falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, accused persons namely, Jayanti Devi, Kalawati Devi, Devki Devi, Janki Devi and Ganesh Giri were exonerated of the charges levelled against them, vide impugned judgment and order dated 20.09.2005, passed by learned Judicial Magistrate, Champawat. Aggrieved against the impugned order, present criminal revision was preferred by the complainant / revisionist Smt. Kamla Devi.

(3.) A cross case, numbered as criminal case no. 707 of 2004, State vs Kamla Devi, was also decided by the court below and the impugned judgment was delivered by learned Judicial Magistrate, Champawat, largely on the basis of inconsistencies, which was brought out in two cross versions.