STATE OF H.P. Vs. NITYA DEVI SHARMA

JUDGEMENT

(1.) The present appeal is directed against the judgment dt. 27/6/2012 passed by learned Judicial Magistrate First Class, Palampur, District Kangra (learned Trial Court) vide which the respondents (accused before the learned Trial Court) were acquitted of the commission of offences punishable under Ss. 325 and 504 read with Sec. 34 of the Indian Penal Code (hereinafter referred to as IPC). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan before the learned Trial Court against the accused for the commission of offences punishable under Ss. 325 and 504 read with Sec. 34 of the IPC. It was asserted that informant Satish Kumar (PW1) and his father Jagjivan Ram (PW6) were creating a passage on 2/12/2008 at about 9 am for taking the tractor to their land. Nitya Sharma (accused) had a field on the way. She had put the bamboo fencing in her field. One bamboo was erected on the corner of the informant's field. Jagjivan Ram uprooted the bamboo. The accused became infuriated and started abusing the informant and his father. She pushed Jagjivan, who fell. Accused Susheel and Pooja abused the informant and his father. The matter was reported to the police. An entry (Ext.PW4/A) was recorded in the daily diary, and an application was filed for conducting the medical examination of Jagjivan. Dr Umesh Kashyap (PW8) conducted the medical examination and found that he had sustained multiple injuries. He advised an X-ray and a CT scan. As per the report of the Radiologist, a fracture was seen. Hence, the nature of the injury was stated to be grievous, which could have been caused within three hours of the examination. He issued the MLC (Ext.PW8/A) An entry (Ext.PW4/B) was recorded after the receipt of the MLC, and FIR (Ext.PW7/A) was registered in the Police Station. HC Khem Singh (PW7) conducted the investigation. He went to the spot and prepared the site plan (Ext.PW7/C). He recorded the statements of witnesses as per their version. After the completion of the investigation, the challan was prepared and presented before the learned Trial Court.

(3.) The learned Trial Court charged the accused with the commission of offences punishable under Sec. 325 and 504 read with Sec. 34 of the IPC, to which they pleaded not guilty and claimed to be tried.