STATE OF H.P. Vs. YASH PAUL

JUDGEMENT

(1.) THE State by way of this appeal has assailed judgment of acquittal dated 26.2.2000 passed by the learned Sub Divisional Judicial Magistrate, Rampur Bushahr, District Shimla in case No. 49-II of 99 acquitting the respondents under Sections 452, 323, 506 read with Section 34 IPC.

(2.) THE facts in brief are that respondents allegedly in furtherance of their common intention criminally trespassed into the house of Yusuf to dispossess him from his land on 7/8-12-1998 at about 12.30 midnight at place Badhal. Yusul allegedly purchased the land from Kalu Ram and respondents are sons and grand sons of said Kalu Ram. It has been alleged that Yash Paul gave danda blow on the person of complainant when the complainant was sitting in his Whether the reporters of the local papers maybe allowed to see the judgment? Yes kitchen with his family members, other respondents were also having dandas in their hands. On this , FIR No. 147 of 98 was registered at Police Station, Jhakri. The police investigated the case and ultimately put up challan against the respondents in the Court. The respondents were charged under Sections 452,323, 506 read with section 34 IPC to which they pleaded not guilty and claimed trial. The prosecution examined six witnesses. The statements of respondents were recorded under Section 313 Cr.P.C., they denied the prosecution case but have not led any evidence in defence. The trial Court acquitted the accused, hence the State is in appeal.

(3.) PW 1 Yusuf has stated that about 13-14 years ago he purchased 2-2 bighas of land from Kalu at place Badhal vide registered sale deed Ex.PW1/A, but this land was not actually handed over to him. He has further stated that ten months ago at about 12.00 he was sitting in his kitchen alongwith Meer Sen/Hamir Hussain/Amir Hussain and his family. The respondents and Kalu Ram entered his kitchen and gave danda blow to him and Yash Paul gave blow on his head. He was saved by his family members. They remained in his house for about 45 minutes. Hamir Hussain, a guest was also present on the spot. He reported the matter to the police vide FIR Ex.PW1/B. In cross-examination he has admitted that danda with which he was given the beatings was not shown to him. Only one danda blow was given on his head as a result of which blood oozed out and fell on the clothes also. He has admitted that Jamal Din and Dugru Ram are his neighbours. PW2 Sher Ali has stated that on 8.12.1998 he and Hamir Hussain had gone to the house of Yusuf. At about 12.30 midnight they were eating meals in the kitchen, Yash Paul came there by breaking open the door and gave a danda blow on the head of Yusuf, others were also having dandas in their hands. They remained in the house of Yusuf till 1.00 A.M. PW3 Dr. Anupam Gupta examined Yusuf on 8.12.1998 and issued MLC Ex.PW3/A. In cross-examination he has stated the injuries can be caused by fall. PW4 Chet Ram, Secretary Gram Panchayat is a formal witness. PW5 Hamir Hussain has denied that anything occurred in his presence. He was declared hostile. The prosecution cross-examined him but in cross-examination he has denied that on 7.12.1998 at 12.30 midnight respondents came to the house of Yusuf and gave beatings with dandas. PW5 HC Prakash Chand and PW6 HC Suraj Prakash are formal witnesses. The respondents-accused in their statements under Section 313 Cr.P.C. denied the prosecution case.