STATE OF H.P. Vs. TILAK RAJ

JUDGEMENT

(1.) RESPONDENT was acquitted of the offences punishable under Sections 451, 323 and 506 Indian Penal Code by the learned trial Court and was accordingly sentenced but on his appeal, the learned Additional Sessions Judge after reappraisal of the evidence, acquitted him vide a detailed judgment dated 30.7.2003, passed in criminal appeal No. 5 of 2001. The State felt aggrieved by the impugned judgment of acquittal, as such preferred the present appeal.

(2.) IN short, the facts germane to the present appeal can be stated thus. PW1 Sudesh Kumari complainant was residing in her village along with her children. Her husband was working in the Railways Department out side the State. Respondent is her brother -in -law. They had a landed dispute. On 11.7.1999, complainant was working in her fields which had the maize crop. In the evening, she was rectifying the boundaries of her fields which was allegedly disturbed by the Respondent to forcibly occupying shamlat land. On 12.7.1999 at about 6.30 a.m. while complainant was in the kitchen, Respondent came to the gate of her house and started hurling abuses. On hearing him, complainant came out of the kitchen but in the mean time, Respondent opened the gate and entered her court -yard. He suddenly caught hold of the complainant from her pony tail, abused and slapped her. She relieved herself and rushed towards the room but in that process, she was hit with a small piece of stone on her small finger of left foot. One of the stones which was pelted by the Respondent hit her on the leg, where after she managed to enter into the room and closed the door. Respondent even thereafter continued throwing stones on the door of her room and threatened her with dire consequences. PW2 Renu Bala daughter of the complainant raised alarm thus Respondent made his escape from the spot. While leaving the place, he further threatened the complainant to do away with her life. To this effect, report was lodged in the police Station which culminated into the FIR Ext. P9 under the aforesaid Sections.

(3.) AFTER completing the investigation, challan was presented in the Court for the trial of the Respondent.