STATE OF H.P. Vs. CHIRANJI LAL

JUDGEMENT

(1.) THE present appeal arises out of judgement dated 15.7.1999 passed by the Additional Chief Judicial Magistrate, Paonta Sahib, Distt. Sirmour, H.P. in Criminal case No. 133/2 of 97/96, titled as State of H.P. vs. Chiranji Lal and others, acquitting the accused of the charged offences.

(2.) AS per the case of the prosecution on 29.8.1996, at about 3.00 A.M, complainant Gurnam Singh (PW-1) lodged a report Ext.PW-8/A with Police Station, Nahan, H.P. that on 28.8.1996 at about 2.00 P.M he was carrying grass and coming 1 Whether reporters of Local Papers may be allowed to see the judgment? back home from the fields when he met one Vijay Kumar son of Bhola Ram who was grazing his buffalos near the canal. Since his passage was totally blocked he asked Vijay Kumar to remove the buffalos. Since Vijay Kumar refused to do so, therefore, to make his way he pushed the buffalos aside and proceeded towards his house. After some time, accused Surjeet Kaur, Bhola Ram, Vijay Kumar and Gita Devi came to the house of the complainant with "Dandas" (sticks) and inquired as to why their buffalos were beaten. Even though it was clarified that no buffalo had been beaten by any person but the said person gave beatings to the complainant and his father Gita Ram PW-2. Thereafter, complainant (PW-1) and his brother Khem Chand alongwith PW-2 were on their way to a place known as Paonta to report the matter to the police when upon reaching a place called Giripul accused Simru Ram, Ramesh Chand, Gian Chand, and Chiranji Lal after obstructing their passage started abusing PW-1. The said persons also gave beatings to PW-2. When PW- 1 tried to rescue his father, accused Ramesh Chand also hit him with a Danda on his head. Both the complainant and his father suffered injuries. On the basis of the said report FIR Ext.PW-9/D bearing No. 334/96 was registered on 29.8.1996 at 1.50 P.M with Police Station Paonta Sahib. H.C. Subhash Chand (PW-9) investigated the matter and site plan Ext.PW9/A was prepared by him. He took into possession the weapons of offence "Dandas" Ext.P1 to P-5 vide seizure memo Ext.PW5/A to Ext.PW- 5/C in the presence of witnesses. The injured persons were got medically examined through Dr. Sanjay Sharma (PW-6) vide MLC Ext.PW-6/A and Ext.PW-6/B. Statements of the witnesses were recorded and with the completion of the investigation the challan was presented in the Court for trial.

(3.) IN order to prove its case, the prosecution examined 9 witnesses and the statements of all the accused persons under Section 313 Cr.P.C, were also recorded.