STATE OF HIMACHAL PRADESH Vs. GANGA SUKH

JUDGEMENT

(1.) This appeal is filed against an order of acquittal recorded by the Additional Chief Judicial Magistrate, Rampur on May 22, 1996 in case No. 11 -2 of 1994.

(2.) The respondents -accused were charged for committing offences punishable under Sections 147, 323, 325 and 506 read with Section 149 of the Indian Penal Code (hereinafter referred to as "the Code") - The case of the prosecution was that there was a dispute between residents of two villages, namely, Upperly Bhajethli and Nichli Bhajethli, Sub -Tehsil Nankhari, District Shimla, in respect of nuisance being caused by flow of water. With a view to settle the dispute, Mehar Singh, Up -Pradhan of Majholi Gram Panchayat was called to Bajethli village on February 28, 1993. Residents of both the villages were present. At about 11.00 a.m. according to the prosecution, the complainant party came to the spot. Accused also came there and assaulted the complainant party. Accused No. 2 Bhaga Ram caused injury to Shesh Ram with a stone. Accused No. 3 Jagdish Chand caused injury to Mohan Lal and accused No. 7 Basant Ram caused injury to Brestu. It was further case of the prosecution that meanwhile other accused persons also reached there and started beating Shesh Ram, Mohan Lai and Brestu. The injured were rescued by Babu Ram, Surat Ram, Bhadur Singh, Dina Lal and other villagers. Three persons, who sustained injuries then went to the Police Station and lodged a First Information Report. The police got them medically examined. After usual investigation, the police submitted challan against accused Nos. 1 to 6. During the course of trial, however, an application was moved for impleadment of other accused. The application was allowed and accused Nos. 7 to 11 were arrayed as accused.

(3.) On being asked, the accused did not plead guilty. They denied to have committed any offence. In their further statement under Section 313 of the Code of Criminal Procedure, 1973, they denied of having committed any offence or caused injuries to the complainant side. They, on the other hand, stated that the complainant assaulted them and caused injuries. They also tendered in evidence a copy of FIR No. 72 of 1993. In support of their say, the accused examined one Mathru Ram, Head Constable, Police Station, Rampur.