STATE OF HIMACHAL PRADESH Vs. UMAR DIN

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 22.07.2003 whereby the learned Judicial Magistrate 1st Class (I), Dharamshala, acquitted the accused of having committed offence punishable under Sections 147, 148, 149, 323, 324 and 326 of the Indian Penal Code. 2. The prosecution story, as initially set out, was that complainant Dev Raj (PW -2) lodged a report with the police on 7.8.2001 to the effect that on the previous date, i.e. 6.8.2001, at about 5.00 p. m., he alongwith his wife, Bassero Devi (PW -3) was returning from the house of PW -4, Gian Chand. At a little distance from the house of Gian Chand, accused Umar Din came from the maize fields with an axe in his hand and gave a blow of the axe on the head of the complainant. Thereafter, Umar Din's wife, Usma Bibi; his sons, Kaka Din and Bir Din; daughter, Aruna Bibi and mother, Hasni Devi came on the spot with dandas in their hands and gave beatings to the complainant and his wife. The complainant became unconscious and fell in the fields. On hearing the cries raised by the complainant and his wife, PW -4, Gian Chand, PW -8, Shiv Kumar and one Tulsi Devi rushed to the spot and saved them from the clutches of the aforesaid six accused persons. The complainant allegedly suffered injuries on his head and his wife, PW -3, Bassero Devi, suffered injuries on her shoulders and other parts of the body. Initially an entry with regard to this complaint was entered in the daily diary vide report Ex, PW -2/A, and on this basis, FIR, Ex. PW -

(2.) /B, was registered. The complainant and his wife were got medically examined through the 7/5/2014 Page 78 Vinod Kumar Versus State Of Himachal Pradesh Medical Officer (PW -1), who issued the MLCs, Ex. PW -1/A and Ex. PW -1/B in this behalf. Other investigation was carried out and, thereafter, the accused persons were charged with having committed the offences aforesaid. They pleaded not guilty and claimed trial. After trial, they were acquitted, hence this appeal by the State.

(3.) THE initial prosecution version has been set out in detail hereinabove. It would suffice to mention that the case set out was that the complainant, Dev Raj, was given an axe blow on his head by accused, Umar Din, and, thereafter, all the other five accused came on the spot and gave blows of dandas to both, the complainant and his wife.