NIRAT SINGH Vs. SITA DEVI

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 26/3/2010, passed by learned Chief Judicial Magistrate, Kullu, District Kullu, H.P., (learned Trial Court), vide which the complaint filed by the appellant (complainant before the learned Trial Court) was dismissed and respondents (accused before learned Trial Court) were acquitted of the charged offences. (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 complainant filed a complaint before the learned Trial Court against the accused for the commission of offences punishable under Ss. 324 and 506 read with Sec. 34 of the Indian Penal Code (IPC). It was asserted that the complainant is an agriculturist and is residing at Village and Post Office Kotla, Sub Tehsil Sainj, District Kullu, H.P. Accused No.1 is the wife of the complainant and accused No.2 and 3 are his sons. They reside in Village Hurla, Sub Tehsil Sainj, District Kullu, H.P. Accused No.1 has inherited the property of her father in Village Hurla where she used to reside with accused No.2 and 3. The complainant is residing in Village Kotla. The accused came to the house of the complainant at Village Kotla on 8/7/2006 at 8.00 PM armed with sticks. They abused and threatened the complainant. They asked the complainant to transfer the property in their names. The complainant refused to do so. The accused gave him a beating with fist blows and sticks. The complainant shouted for help. Smt. Bhadri Devi, Baldev Singh, Tek Singh and Bali Ram reached the spot and rescued the complainant from the accused. The accused ran away from the spot. They threatened the complainant to kill him at a suitable time. The complainant sustained injuries on his head and body. He reported the matter to Police Station, Banjar but no action was taken by the police. Hence the complainant filed a complaint before the learned Trial Court for taking action against the accused.

(3.) The learned Trial Court recorded the preliminary evidence and found sufficient reasons to summon the accused. Statements of complainant Nirat Singh (PW1), Baldev Singh (PW2), Tek Singh (PW3) and Bali Ram (PW4) were recorded before framing the charges.