STATE OF H.P. Vs. ROOP LAL

JUDGEMENT

(1.) THIS petition for leave to appeal is directed against the judgment of JMIC(1), Mandi in Criminal Case No.32-II/2000 decided on 28.9.2005 whereby the accused have been acquitted of the charges leveled against them under Sections 447, 147, 323, 325, 504, 506 read with Section 149 IPC.

(2.) THE prosecution case, in brief, is that complainant PW-1 Bhup Singh entered his field on 23.10.1999 at about 6.30 p.m. with the intention of ploughing it with its tractor. Duni Chand was driving the tractor. According to the complainant this field had been allotted to them in a partition which was effected two days earlier on 21.10.1999. When he went to the field the accused who were all armed with dandas and kudali entered the field and stopped him ploughing the filed and beat him up. Duni Chand drove away with the tractor. Accused Roshan Lal is alleged to have given danda blows on his nose. His family members heard the noise and were told by Duni Chand about the incident and thereafter his family members came to the spot and when they tried to rescue him accused Roshan Lal also gave blow of danda on the left eye of Usha Devi. When Usha Devi raised hue and cry the accused ran away.

(3.) THE case of the defence is that the complainant in fact tried to forcibly take possession of the land and when he was stopped he attacked the accused. PW-2 Chet Ram states that Duni Chand came to the house and informed him and the others present there that the accused persons were fighting. He went to the spot at 7.30 and when he intervened Roshan Lal gave fist blows and Roshan Lal gave him a blow of Danda. In cross examination he admits that accused are his step brothers. He also admits that he is an Advocate. He has denied the suggestion that at his instance 20 cases have been lodged against the accused. He denied portion "A" to "A" of his earlier statement.