DINESH CHANDER SHARMA Vs. SWARAN SINGH AND OTHERS

JUDGEMENT

(1.) Victim of the occurrence and complainant in FIR No. 470/01 is in appeal before this Court. He is aggrieved by the impugned judgment dated 23.03.2009 passed by learned Additional Sessions Judge, Una, District Una, H.P. in Sessions Case No. 18/06 having arisen out of FIR No. 470/01 and Sessions Case No. 19/06 out of the complaint he filed, whereby the respondents (hereinafter referred to as the accused persons) have been acquitted of the charge framed against each of them for the commission of an offence punishable under Section 447, 342, 506-II and 367 read with Section 34 of the Indian Penal Code and the sentence awarded against each of them under Section 323 of the Indian Penal Code is also stated to be on lesser side.

(2.) The prosecution case as disclosed from the statement Ext. PW-11/A of the appellant-complainant shortly stated is that he had given the contract of construction of his house to accused Swaran Singh. The said accused in order to lay slab (lintel) of the house besides his own shuttering material used some planks and 'Ballies' belonging to the complainant also. On 8.09.2011 around 10.15 a.m. the said accused started opening the shuttering and to take the same to house. He noticed that the accused had been carrying shuttering material belonging to him also to his house. He objected to it. On this, accused Swaran Singh has called his co-accused Joginder Singh @ Dannu to identify shuttering. The said accused revealed that the shuttering being carried by accused Swaran Singh to his house was that of the said accused. On finding that accused Joginder Singh was telling lie, the complainant asked him as to why he did so. In the meanwhile, accused Mohinder Singh also arrived there though he had gone to the house and started interference in the conversation going on between complainant and accused Joginder Singh. Accused Mohinder Singh asked the complaint as to what he had to do with that 'Balli' which he was claiming to be his. On this, accused Swaran Singh made utterances that he had to take the same in his (sic.), to which obscene language according to complainant he objected to. On this, he was caught hold by both accused Joginder Singh and Swaran Singh. Accused Swaran Singh hit his left side buttocks with "Jhabbal" in his hand which he had been using to open the shuttering. Their co-accused Mohinder Singh administered beatings to the complainant. PW-3 and PW-4 were also present and not made any effort to save him from the clutches of the accused persons.

(3.) Not only this, all the three accused had dragged him from backside gate of their house to the adjoining 'Galli' (street). He was made to lie on the heap of grits there also. He was also beaten by them with kicks and fisty cuffs. He thereafter was taken by them to the house of accused Swaran Singh. There he was pushed and thrown on a cot. Due to the people gathered there, the accused did not administer further beating to him there. His mother Smt. Krishna Devi (PW- 16) and his sister-in-law came for his rescue and saved him from the clutches of the accused persons.