STATE OF UTTARANCHAL Vs. DEEP CHAND JOSHI

JUDGEMENT

(1.) An F.I.R. was lodged by PW1 Smt. Durga Devi, against accused-respondent Deep Chand Joshi and others on 21.12.1998 at 07:40 A.M., in P.S. Ramnagar, District Nainital for the offences punishable under Sections 323, 325, 452, 506 I.P.C. and Section 3(3)(10)(15) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. As per the complaint (Ext. Ka-1), on 20.12.1998 at 09:30 P.M., accused-respondent came to PW1's house alongwith some other persons, who were armed with sticks, knife and country made pistol. Accused-respondent assaulted PW1 and PW2 with sticks, as a consequences of which, PW1 and PW2 sustained injuries. Accused-respondent also threatened them with dire consequences. After the investigation, a charge-sheet was submitted against the accused for the selfsame offences. Charge for the offences punishable under Sections 323, 325, 452, 506 I.P.C. and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was framed against the accused-respondent, who pleaded not guilty and claimed trial.

(2.) Pw1 Durga Devi, PW2 Bhupal Ram, PW3 Dr. S.D. Pant and PW4 Darshan Lal (C.O.) were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in reply to which he said that he was falsely implicated in this case on account of a dispute over a piece of land. He said that PW1 and PW2 wanted to forcibly took possession of a land which was adjacent to their house. No evidence was given in defence. After considering the evidence on record, learned Special Sessions Judge exonerated the accused of the charge levelled against him, vide impugned judgment and order dated 30.04.2001. Aggrieved against the same, present Government Appeal was preferred by the State.

(3.) Prosecution led the evidence through PW1. She said that accused-respondent was known to her prior to this incident. On the fateful day, at 9:00 P.M., when she was at her home, accused-respondent came alongwith some other miscreants, whose faces were veiled. They wanted to take possession of the land adjoining their house. When PW1 stopped them from doing the same, accused-respondent inflicted blows of sticks on PW1 and PW2. Both PW1 and PW2 sustained injuries. Accused-respondent alongwith others threatened PW1 and PW2 with dire consequences.