STATE OF HARYANA Vs. RAM KUMAR

JUDGEMENT

(1.) This petition for leave to appeal has been filed by the State challenging acquittal of the respondents of the charges under sections 148/307/325/323/149 IPC. Case of the prosecution is that a dispute was pending regarding watercourse between the accused persons on the one hand and the complainant Ashok Kumar PW3 on the other. On 15.1.2005 at 8 AM, when Ashok Kumar was passing in front of the house of Sat Narain son of Ram Sarup, Ram Kumar exhorted that Ashok be taught a lesson. Ram Kumar was having a 'jaili', his son Sanjiv was also having a 'jaili', Krishan son of Sat Narain was having a 'lathi', Manu was also having a 'lathi' and Smt.Krishna was having a brick. They assaulted Ashok Kumar. Krishan hit 'lathi' on the head of Ashok. Manu inflicted 'lathi' blow hitting on his left hand. On hearing the commotion of fight, Dinesh PW13 and Karan Singh PW5 rescued Ashok Kumar. Ram Kumar, accused gave 'jaili' blow on the head of Dinesh, Sanjiv also hit 'jaili' on the head of Dinesh. Smt.Krishna threw brick at Praveen. Sanjiv gave 'jaili' blow to Parveen on his face. Ram Kumar gave 'jaili' blows to Ashok Kumar on his back. Krishan, accused gave beatings to Karan. Thereafter villagers assembled and the assailants fled away. Ram Kumar also sustained injuries. Ashok, Parveen and Karan were taken to the Gannaur Hospital but were discharged after first aid. Dinesh was serious and was referred to General Hospital, Sonepat. The statement of Ashok Kumar was recorded by ASI Krishan Kumar PW10 at the Hospital Gate, Gannaur, where he reached on receiving information. This led to registration of FIR. After completion of investigation, the accused were sent up for trial. The prosecution examined following witnesses:- PW1 SI Rajinder Singh PW2 SI Balbir Singh PW3 Ashok Kumar (complainant-injured) PW4 Constable Ram Naresh PW5 Karan Singh(injured) PW6 Sukhbir Singh, Medical Record Technician, PGIMS , Rohtak. PW7 Dr. Ashwani Kumar of C.H.Sonepat Crl.M.No.130 MA of 2007 3 PW8 Dr. Ashok Yadav of PGIMS Rohtak PW9 Dr. Atul Jhanwar of PGIMS Rohtak PW10 Dr. Manju Chaudhary CHC Gannaur PW11 ASI Krishan Kumar (I.O) PW12 Dr. Mahender Singh Dy.CMO Sonepat PW13 Dinesh (injured) The accused denied the prosecution allegations. Accused Ram Kumar stated that he was falsely implicated. He stated that he and his wife Smt. Darshana were present in their house when Ashok Kumar, Chander Bhan, Karan Singh, Jai Bhagwan, Rajesh, Rakesh, Dinesh and Parveen forcibly entered in their house with weapons and they assaulted him and his wife. On hearing the commotion, Krishna and Deepak came to the spot who were also assaulted. On hearing alarm, villagers rescued them. In the scuffle, Ashok Kumar, Parveen, Krishan and Dinesh may have received injuries. In defence, Dr. Bhawana Kashyap DW1 was examined.

(2.) After considering the evidence on record, the trial court did not accept the version of the prosecution. The trial court found that there was a civil litigation pending between the parties, as shown by plaint Ex.D1. Ram Kumar had filed a suit against the accused party wherein status quo order had been passed. The manner and extent of injuries on the person of the accused created doubt about the accused persons being the aggressors. Injuries on Ram Kumar were on head and nose and could not be held to be self-suffered. Genesis of the occurrence had been suppressed and the nature of injuries caused on the accused persons created a doubt about the manner of occurrence. The accused were held to be entitled to benefit of doubt.

(3.) We have heard learned counsel for the State and perused the reasons given by the trial court for acquittal in para 12 to 29 of the impugned judgment. We are unable to hold that the reasons given by the trial court for acquittal of the respondents are perverse. It has been proved that the accused had also suffered serious injuries, which was inconsistent with the version of the prosecution. Even if two views are possible, interference with the order of acquittal is not called for. Scope of appeal against acquittal has been gone into by