STATE OF H.P. Vs. KESAR SINGH

JUDGEMENT

(1.) THE State has filed this petition seeking leave to file an appeal against the judgement, dated 9.8.2007, passed by learned Judicial Magistrate Ist Class, Court No. 2, Shimla, in Police Challan No. 19/2 of 2003 acquitting the respondents, under Sections 451, 506 read with Section 34 IPC, in FIR No. 158/02, Police Station, Dhali, Shimla.

(2.) THE prosecution case in brief is that on 26.6.2002 at about 10.15 a.m. respondents armed with Dandas, entered in the verandah in the ground floor of the house of complainant Pardeep Kumar in village Padrue and threw away the grass collected by the family of the complainant for their animals. The respondents allegedly removed 'Khundas' meant for tying buffaloes of the complainant. They entered the house of the complainant and damaged the walls and criminally intimidated mother and wife of the complainant. The respondents threatened to set on fire the house of the complainant. One Susheel Kumar came there and intervened. The mother of the complainant informed the complainant on telephone at Shimla. The complainant got the FIR registered at the Police Station. The challan was put up, under Sections 452, 504 and 506 IPC against the respondents after completion of the investigation. Notice of accusation was put to respondents, under Sections 451, 506 read with 34 IPC, to which they pleaded not guilty and claimed trial. The prosecution examined seven witnesses. Statements of respondents, under Sections 313 Cr.P.C. were recorded. They examined DW 1 Shyam Lal in defence. The learned Magistrate acquitted the respondents, hence the State has filed the petition for leave to file appeal.

(3.) PW 6 Susheel Kumar and PW 7 Kamla Devi have given same type of version as given by PW 5 Poonam. PW 6 Susheel Kumar has stated that house of Ramesh is adjacent to the house of complainant. He denied that he visited the house of the complainant. According to him, he never visited the house of the complainant prior to 26.6.2002. PW 7 Kamla Devi has stated that she appeared as witness in two cases against the respondents. She has stated that respondents were having three Dandas, but they did not assault with those Dandas. She has stated that half of the house in which they reside is in possession of respondent Kesar Singh. There is a common verandah in the house. According to her, her daughter in law visited the police post on the same day. She has stated that Susheel Kumar did not visit their house.