STATE OF H.P. Vs. DHANI RAM

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 27/4/2010, passed by learned Judicial Magistrate First Class, Court No. 2, Ghumarwin, District Bilaspur (H.P) (learned Trial Court) vide which the respondent (accused before the learned Trial Court) was acquitted of the notice of accusation. (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. 294, 504 and 506 of the Indian Penal Code (IPC). It was asserted that the informant, Sunita Devi (PW1), was running a shop in the village of Jaroda. She went to deposit the water charges on 11/9/2005 at about 09:00 am in the courtyard of one Jagdish. Dhani Ram (the accused) was collecting the water charges. Satya Devi (PW5), Sheela Devi, Prakasho Devi, Sunder Ram (PW2), Pyare Lal and Ward Member Pushpa Devi (PW4) were also present on the spot. The accused started arguing with Sunita Devi (PW1) that her house had separate families and the water charges should be separately deposited by each family. This was objected to by the informant. The accused (Dhani Ram) started quarrelling with the informant. He abused and threatened her. He picked up a stick and entered into a scuffle with the informant's father-in-law. He removed his pants and inner garments and started acting indecently. The wife of the accused, Dhani Ram, took him to his home. The matter was reported to the police. FIR (Ex-PW1/A) was registered. ASI Naresh Chand (PW7) conducted the investigation. He visited the spot and prepared the site plan (Ex-PW7/A). He recorded the statements of witnesses, as per their version. The challan was prepared and presented before the Court after the completion of the investigation. Learned Trial Court put the notice of accusation to the accused for the commission of offences punishable under Ss. 294, 504 and 506 of IPC to which the accused pleaded not guilty and claimed to be tried.

(3.) The prosecution examined seven witnesses to prove its case. Sunita Devi (PW1) is the informant. Sundar Ram (PW2), Kartar Nath (PW3), Pushpa Devi (PW4) and Satya Devi (PW5) are the eyewitnesses. SI Duglu Ram (PW6) signed the FIR and filed the charge sheet before the Court after the completion of the investigation. ASI Naresh Chand (PW7) conducted the investigation.