STATE OF HARYANA Vs. GURMAIL SINGH AND ORS.

JUDGEMENT

(1.) THE present criminal appeal has been preferred against the judgment dated 25.11.2003 passed by the Additional Sessions Judge, Panchkula whereby appeal preferred by the respondents -accused (for brevity, 'accused') against judgment of conviction dated 18.09.2003 and order of sentence dated 19.09.2003 passed by the Chief Judicial Magistrate, Panchkula has been accepted and accused have been acquitted of the charges framed against them.

(2.) BRIEF facts of the case are to the effect that on 06.09.1994 at 10.20 p.m., Shanti Devi wife of Dharampal got her statement (Ex. PE) recorded with the police on the basis of which an entry was made in the daily diary register. As per the said statement, at 9.00 p.m., on 06.09.1994, the complainant was present at her house. Her husband and her son had gone to take bath at the tap near Khera. Accused -Mohana, Piara and Bhirgu entered the house of the complainant, armed with lathis and dandas and proclaimed that they were to get the house vacated from the complainant. The complainant answered that the house would not be vacated as long as the owner of the house does not ask them to vacate the same. On this, accused Mohan had given a blow on the forehead of complainant with a grass cutting sword. Accused Piara gave a lathi blow on the head of complainant. Accused Bhirgu gave fist blows on the chest of complainant. At that time, three other accused Gurmail, Maru and Ramesh had also arrived at the spot. Gurmail caught the complainant in an embrace while Maru gave a lathi blow on the right arm of complainant and accused Ramesh gave a danda blow on the back and thighs of complainant. On the hue and cry of complainant, her husband Dharampal and her son Satbir reached the spot and they saw the entire occurrence and rescued the complainant. The accused left the spot giving a threat that she had been saved on that day and they would see her on the next available opportunity. The cause of dispute was a water tap. The accused wanted to take water from the tap without their turn and before the others used the same. On the basis of the said statement, formal FIR was registered. Investigation was set into motion. The accused were arrested. After completion of investigation, challan was presented in the Court for trial.

(3.) IN support of its case, the prosecution examined Satbir as PW 1, Dr. B.S. Singla as PW 2, Head Constable Shiv Kumar as PW 3, Dr. Raman Kumar Gupta as PW 4, complainant -Shanti Devi as PW 5 and Head Constable Labh Singh as PW 6.