STATE OF H.P. Vs. DEVI SINGH

JUDGEMENT

(1.) THE State has filed this appeal against judgement, dated 6.3.2000, passed by learned Additional Chief Judicial Magistrate, Dehra in Criminal Case No. 61-II/91, acquitting the respondent, under Sections 323, 324 and 325 IPC.

(2.) THE prosecution case in brief is that complainant PW 1 Smt. Shareshta Devi alongwith her sister-in-law PW 2 Sunita Devi on 10.4.1991 had gone in their fields at village Dhawala to collect fodder for their cattle. They were returning to their home, the respondent who is having old boundary dispute with the family of the complainant, came there at 6.30 p.m., he abused PW 1 and PW 2 for Whether the reporters of the local papers may be allowed to see the Judgment? uprooting grass from his fields. PW 1 told him that she was coming from her own fields, the respondent pushed her as a result of which she fell down alongwith her bundle of grass. The respondent took out the sickle from her bundle and hit her with the same on her left wrist. On this, PW 1 and PW 2 raised alarm and on hearing this, Dilbagh Singh and PW 3 Gorkhu Ram came there, but respondent again gave Danda blows to PW 1 and PW 2 in the presence of Dilbagh Singh and Gorkhu Ram. After this PW 1 lodged a report at Police Station, Dehra and on that basis FIR No. 17/91 was registered. On completion of investigation, challan was put up against the respondent and he was charged, under Sections 323, 324 and 325 IPC, to which he pleaded not guilty and claimed trial. The prosecution has examined six witnesses. The statement of respondent was recorded under Section 313 Cr.P.C., he did not examine any witness in defence. The learned Additional Chief Judicial Magistrate acquitted the respondent, hence State is in appeal.

(3.) PW 1 Shareshta Devi has stated that on 10.4.1991she alongwith PW 2 Sunita Devi had gone to collect fodder from their own fields. At about 6.30 p.m. they were returning home, respondent met them on the way. He abused them when they reached his fields. He asked them from where they have brought the grass. They had shown him the place from where they cut the grass. When they were again bringing the grass, the respondent brought down her bundle of grass and pushed her. They lifted the bundles but he again pushed and bundles fell down. He took out sickle from her bundle and attacked her with that sickle, as a result of which she received cut injury on her left arm. PW 2 raised alarm. On this, Gorkhu and Dilbagh Singh came on the spot. In their presence, respondent gave them beatings with Danda. She reported the matter to the police and an FIR Ex. PW 1/A was registered. She was medically examined and MLC mark-X bears her signature at point Ex. PW 1/B. She identified her shirt Ex. P-2 and sickle Ex. P-3. In her cross examination, she has admitted that there is a dispute of respondent with her family. Dilbagh Singh reached first and Gorkhu came when respondent was giving beatings. She denied that respondent did not give any beatings to her.