STATE OF H.P. Vs. TARSEM LAL

JUDGEMENT

(1.) THE respondents were accused in Criminal case No.112/2 of 1995 and they were prosecuted under Sections 147, 148, 149, 323, 324, 325 I.P.C. in the Court of learned Sub Divisional Judicial Magistrate, Nalagarh, District Solan and were acquitted on 10.12.1999. The State has filed the appeal against the acquittal of the respondents.

(2.) THE facts, in brief, are that Gohri and Sharwani (PW-6) were having some land in village Goghar Wal. A dispsute of this land was decided in favour of Gohri and Sharwani and against respondents Dev Raj, Hem Raj and Pyara Singh, not a party in the case. The possession of the land was delivered to the complainant Whether the reporters of the local papers maybe allowed to see the judgment? party on 29.4.1995 and 5.5.1995 by Kanungo ­ Patwari. On 5.7.1995 at about 6.30 P.M. or 7 P.M. the complainant party had thrown chary seeds on this land and were to plough the land with a tractor when Tarsem, Dev Raj, Dharmender, Jaswinder, Kala, Huma and another son of Hem Raj, Rodu, Sita, Pushpa, Seema, Santosh and Jassa came armed with sticks and axe. They started giving beatings with sticks and axe to complainant party. The accused Sudesh was having an axe and he attacked Gurmukh Singh (PW-3) with it. Tarsem caught Gurmukh Singh and Dev Raj hit him with the stick. Arjun Singh (PW-4) was also beaten by accused. Sharwani was beaten by accused Sita and rest of the accused persons gave beatings to other persons.

(3.) THE investigation was conducted by PW-10 Uggar Singh who went to the spot and prepared site plan Ext.PW-10/A and Ext.PW-10/B. Accused Sudesh Kumar on the basis of his disclosure statement Ext.PW-5/A got recovered axe which was seized vide seizure memo Ext.PW-5/B. The sticks were produced by Bhupinder Singh which were seized vide seizure memo Ext.PW-5/C. The accused were charged under Sections 147, 148, 323, 324, 325 read with Section 149 I.P.C. The prosecution examined 10 witnesses. The statements of accused persons were recorded under Section 313 Cr.P.C. They have stated that they were in possession of land belonging to Sharwani and Gohri for the last 40 years. Tarsem and Sudesh were working in the fields. The complainant party tried to get possession and gave beatings. They had sown chary and maize. Partition application is pending and the land is still joint. In defence Dr.A.K.Tiwari was examined and order sheet of partition case Ext.D-2 to Ext.D-5 were placed on record. The learned Sub Divisional Judicial Magistrate acquitted the accused, hence, the State is in appeal.