STATE OF H P Vs. JAI CHAND

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 22.1.2007, by the learned Sessions Judge, Hamirpur, H.P., in Sessions Trial No. 13 of 2006 whereby it acquitted the respondent (for short 'accused') for the offences charged.

(2.) The brief facts of the case are that on 10.5.2007 a suit for permanent prohibitory injunction in relation to the land comprised in Khata No. 69 min, Khatoni No. 192, Khasra No. 3087/2019, measuring 10 marlas, situated in Tika Dain, Mauja Lohdar, Tehsil Barsar, District Hamirpur, H.P stands preferred by the accused against one Smt. Shakuntla Devi, her son Jagdev, daughter in law Smt. Anjana Devi and complainant Dhani Ram Shukla in the Court of learned Sub Judge, 1st Class, Barsar, District Hamirpur, H.P. The suit aforesaid came to be dismissed under judgment of the learned trial Court comprised in Ex.P-2. A further appeal therefrom as stood preferred before the learned Appellate Court sequelled dismissal under a judgment rendered by the learned Appellate Court comprised in Ex.P-3. As per the complainant he belongs to village Balh Bagh which is at a distance of about 15 kms from village Dain, where the land which was subject matter of the suit exists, he has no landed property/cow-shed as well as he had no concern or relation with unknown lady smt. Shakuntla Devi her son an her daughter-in-law.

(3.) Accused stood charged by the learned trial Court for his committing offences punishable under Section 3 (i) (viii) of the Scheduled castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, to which he pleaded not guilty and claimed trial.