BHANWAR SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PW 1 Hari Singh lodged a complaint (Ext. Ka - to Station House Officer, Police Station, Laksar on 03.04.1993, enumerating the facts contained therein, that when his daughter Somkali was harvesting crop in her field alongwith PW1's brother and wife, his neighbours Bhanwar Singh and Jabar Singh, both sons of Ranveer; Churcha, Pinder and Rajendra, all co -villagers, came on the field. They were armed with sticks. They interrupted PW1's daughter, brother and wife in harvesting the sugarcane crop. The family members of PW1 insisted that the land belonged to them and asked as to why they were restraining them from harvesting the crop? Bhanwar Singh (accused. used casteist remarks and all the accused assaulted the family members of PW1 with sticks, which they were carrying. No independent witness was available in the jungle. The injured were medically examined by the Medical Officer at Laksar. Chik FIR was lodged on the basis of the complaint of PW1 on 03.04.1993, at 01:30 P.M., at police station, Laksar. The incident allegedly took place on the selfsame day at 09:00 A.M. The distance between the place of incident and police station concerned was 4 kilometers and hence there appears to be no delay in lodging the FIR.

(2.) AFTER the investigation of the case, a charge - sheet was submitted against the accused persons for the offences punishable under Sections 147, 148, 323, 324, 504 of IPC and Section 3(1.(x. of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities. Act. The case was tried by the special Court. Charge for the offences punishable under Section 147 IPC, Sec. 148 IPC, Sec. 323 IPC read with Sec. 149 IPC, Sec. 324 IPC read with Sec. 149 IPC, Sec. 504 IPC and Section 3(1.(x. of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities. Act were framed against the accused persons, who pleaded not guilty and claimed trial.

(3.) PW 1, in his examination -in -chief, supported prosecution version and also supported the contents of his complaint (Ext. Ka -1..