STATE OF H.P. Vs. DURGA NAND

JUDGEMENT

(1.) THE judgment of acquittal dated 29.10.1999, passed by learned Sub Divisional Judicial Magistrate, Rampur Bushehar, in case No.112-2 of 1998 in F.I.R. No.128/98 registered at Police Station, Jhakri, under Sections 325, 323 read with Section 34 I.P.C., has been assailed by the State in this appeal.

(2.) THE facts, in brief, are that complainant Kaul Dassi on 29.10.1996 at about 8 a.m. was working in her fields along with her son Durga Singh, accused Durga Nand came, the complainant asked him why he was crossing from that side and a scuffle took place between them. Accused Durga Nand called his wife and she brought Whether the reporters of the local papers may be allowed to see the Judgment? Yes danda from her house and handed that danda to her husband, accused Durga Nand caused injuries on the head, left hand of the complainant. Durga Singh tried to save the complainant from Durga Nand but in the meanwhile Sundri Devi accused also gave beatings to the complainant party. The matter was reported to the police and F.I.R. No.128/98 was registered at Police Station, Jhakri. The complainant Kaul Dassi was medically examined and the Doctor issued her M.L.C. The police after completing the investigation, presented the challan in the Court. The accused were charged under Sections 325, 323 read with Section 34 I.P.C. to which they pleaded not guilty and claimed trial. The prosecution examined 7 witnesses, the statements of respondents / accused were recorded under Section 313 Cr.P.C. They denied the prosecution case but led no evidence in defence. The respondents / accused after the conclusion of the trial were acquitted. Hence, this appeal.

(3.) PW -1 Kaul Dassi in her statement has stated that in the month of Kartik at about 8 or 9 a.m. she was cutting grass in her field along with her son Durga Singh, accused Durga Nand came and she asked him why he was crossing from that side. On this accused caught hold her from her breast and clothes and said that the path does not belong to her father and threw her on the ground. She called her son. Sundri Devi wife of Durga Nand came and brought the danda and with that danda Durga Nand gave blow on her head as well as on the little finger of her left hand. He gave danda blow on the head of her son who came for her rescue. The wife of the accused Durga Nand also gave blow on her head, the blood oozed out from her head. The incident was witnessed by Karam Singh, Durga Singh and Sant Kali. The danda used by the accused was left on the spot which she handed over to police and is Ext.P-1. She was medically examined. In cross examination, she has stated that she stated before the police that the accused threw her on the ground but she was confronted with her statement under Section 161 Cr.P.C. where it is not so recorded. She suffered three injuries on her head and blood came out from all the injuries. She has admitted that Karam Singh is her brother in law (Devar).