STATE OF H.P. Vs. VIJAY KUMAR

JUDGEMENT

(1.) This appeal is directed against the order of acquittal recorded by Sessions Judge, Solan in Criminal Appeal No. 30 -S/ 10 of 1990 dated 10th July, 1991.

(2.) The prosecution case may be stated thus. Jagat Ram (PW 2) lives in village Kundla with his family. The accused tried to take forcible possession of Khasra No 12 as well as the house situated thereon from the complainants. With this end in view, they came to the scene on 13th July, 1985 at about 10 p. m. At that time, Raksha Devi (PW 1) was looking after the cattle in the cattle shed, the door of which was bolted from inside and when she noticed certain persons having torches in their hands and peeping inside the cattle shed, she started placing stones against the door in order to prevent them from entering the cattle shed. However, the accused started breaking the door. On this she raised alarm which attracted her husband Jagat Ram (PW 2) to the scene. Accused Gurdyalu, Sanjay, Vijay, Sunder, Garbu and Charan Singh entered into the cattle shed and gave beatings to Raksha Devi, dragged her out and then left her at a place on the road leading to village Jatoli. Accused Krishan Lai, Deep Chand, Ramesh, Raju, Ram Kishan and Devender gave beatings to her husband Jagat Ram. Accused Krishan Lai was armed with sickle while others were armed with lathis After committing the crime, all of them left towards the house of one Jagat Ram. They also cut the telephone wires and challenged Santosh Kumari and Anil Kumar, daughter and son -in -law respectively of Raksha Devi (PW 1) and Jagat Ram {PW 2). Both Santosh Kumari and her husband bolted the door from inside and remained hidden there. On the next morning, while going to lodge the report to the police, they met SJ. Tirath Ram of Police Station, Solan. The occurrence was narrated to him, who accompanied them to the house of Mohan Lai where Raksha Devi was lying injured. The statement of Raksha Devi was recorded under section 151, Cr. P. C, which forms the basis of a case under sections 147, 148, 323, 326, 452 and 506/149 of the Indian Penal Code (Ex. PW 8/A).

(3.) The police carried the investigation to the logical end and then moved the challan before the trial Court. The trial Court after recording the evidence and hearing the parties found all the 13 accused guilty and sentenced them by judgment dated 17th August, 1990 for different terms. This decision was assailed before the appellate court. The accused have been acquitted by the impugned judgment. Hence, the present appeal by the State.