STATE OF HIMACHAL PRADESH Vs. SATYA DEVI

JUDGEMENT

(1.) This appeal is filed by the State against an order of acquittal recorded by the Chief Judicial Magistrate, Bilaspur, District Bilaspur on December 12, 1996, in Case No. 158-1 of 1995.

(2.) The Respondents were the original accused. They were charged for committing offences punishable under Sections 147, 149, 323 and 506 of the Indian Penal Code ("Code", for short).

(3.) The case of the prosecution was that on February 3, 1995 at about 11.00 a.m. at the place known as 'Jangla', under Police Station Sadar Bilaspur, all the accused persons after forming an unlawful assembly committed criminal trespass and intimidated complainant Sunita Devi and her mother-in-law Ram Jani and also caused injuries to them by beating. According to the prosecution, complainant Sunita Devi had made fencing on her land by placing bushes. The house of the accused was situated near the house of the complainant. On the day in question, according to the prosecution, Sunita Devi was proceeding, along with her mother-in-law Ram Jani towards the land allotted to them. There they noticed that the accused had already removed the fencing. It was alleged by the prosecution that without any rhyme or reason, all the accused turned towards complainant and her mother-in-law, snatched away "Salnga" from the complainant and her mother-in-law and started beating both of them. Stones were also pelted by the accused which had caused injuries to complainant Sunita Devi as well as her mother-in-law Ram Jani. Both were medically examined and injuries were proved. The incident was said to have been witnessed by FIR was registered at Police Station, Sadar Bilaspur; usual investigation was made; site plan was prepared; Dupatas and broken pieces of bangles were taken in possession by the police authorities. After completion of investigation, challan was presented in the Court.