STATE OF HIMACHAL PRADESH Vs. SHIV RAM

JUDGEMENT

(1.) THIS is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of learned Sub Divisional Judicial Magistrate, Sarkaghat, dated 12.7.2004, vide which he acquitted the respondents of the charge framed against them under Sections 147, 148, 325, 323 and 506(ii) IPC read with section 149 IPC.

(2.) BRIEFLY stated, the facts of the case are that on 1.3.1998, at 2.15 P.M., a report was lodged with the police by PW -3 Sheela Devi, accompanied by her husband. She alleged that today in the morning at 7.00 A.M., when she was giving bath to her children in her house, Hans Raj respondent came to her courtyard from his cow -shed and started raising voices "Bachao - Bachao". On hearing his cries, other respondents came in furtherance of their common intention and all the respondents gave beatings to her, her Jethanis Meera Devi PW -6, Rita Devi PW -4 and Lajja Devi PW -2. They were given beatings by the respondents with Dandas, handle of Kulharu, Belcha, hockey and legs and fists. She alleged that she and her other relatives suffered injuries on various parts of their body. She alleged that they were rescued by Hem Raj, Guddi Devi, Lata Devi and Pano Devi etc. While leaving the place, they also gave a threat to take away their lives. The injured got themselves medically examined and on completion of the investigation, the challan was filed before the learned trial Court, who tried the respondents, as detailed above, leading to their acquittal.

(3.) ON appraisal of the evidence led by the prosecution, it is clear that according to the complaint lodged by the complainant, she and three of her Jethanis suffered injuries at that time. The statements of four injured can be said to be most material.