STATE OF HIMACHAL PRADESH Vs. SANJEEV KUMAR

JUDGEMENT

(1.) THIS is an appeal directed against the judgment of learned Additional Chief Judicial Magistrate, Nahan in Criminal Appeal No.66/2 of 1999/98, decided on 1.1.2000, whereby he has acquitted the accused of having committed offences under Sections 341, 342, 504 and 506 read with Section 34 of the I.P.C.

(2.) THE prosecution case in a nut shell is that on 20.10.1998, complainant Rameshwar Dass was returning after having bath in a "bowri" . He had some litigation with his younger brother Sohan Lal. According to the complainant Rameshwar Dass, when he was returning after having the bath, Hakmi Devi wife _______ 1. Whether reporters of Local papers may be allowed to see the judgment? Yes. of Sohan Lal, Sanjeev Kumar, son of Sohan Lal and Shashi Bala, daughter-in-law of Sohan Lal accosted him and entered into an altercation with him. Thereafter, they took him inside a cow shed and beat him up with leg and fist blows. He raised a hue and cry and his nephew Happy (Mukesh Kumar), wife Surmukhi Devi and Babli Devi, tenant of his brother, came on the spot and rescued him. He thereafter lodged the FIR. Investigation was carried out. The accused were charged. They pleaded not guilty and claimed trial. After trial, the accused have been acquitted. Hence the present appeal.

(3.) PW -3 Babli Devi is the star witness. According to her, she reached the spot around 12.30 p.m. and Rameshwar Dass had been confined inside the cow shed. She further states that she was informed by Happy (Mukesh Kumar) that his Tau (uncle) had been confined by the accused and was being beaten up. She stated that she went alongwith Happy and then Happy broke open the door. When they opened the door, they saw that the accused Hakmi Devi and Sanjeev Kumar were present and the clothes of Rameshwar Dass were smeared with cow dung. They raised hue and cry and other inhabitants of the Mohalla gathered there. In cross examination, Babli has admitted that she has lodged a complaint under Section 354 IPC against the brother of the accused. She also admitted that the complainant Rameshwar Dass and his wife Surmukhi (PW-7) were examined as witnesses by her in that case. This fact was also admitted by Rameshwar Dass, complainant, in his cross examination.