STATE OF H.P. Vs. LEKH RAJ

JUDGEMENT

(1.) THE State has filed this petition, seeking leave to appeal against the judgment of acquittal dated 30.5.2006, passed by learned Judicial Magistrate Ist Class, Nadaun, Distt Hamirpur, in Crl. Case No.53-II-2002, RBT No.15-II-2003 under Sections 325, 323, 504 read with Section 34 IPC.

(2.) THE prosecution case is that complainant Bhagwani Devi was coming back to her house from her fields and when she reached place Dhanon, she saw that accused were cutting tree which had fallen and lying on the road. The Forest Department had asked the parties to first take the demarcation. The complainant asked the accused not to cut and remove the tree, on this accused hurled abuses to her. Lekh Raj and other Whether the reporters of the local papers may be allowed to see the Judgment? Yes accused gave her beatings with hand and fist blows, Sarvan Kumar gave her beatings with danda. As a result of which, she received injuries. She was rescued by Dev Raj and Leela Devi. The matter was reported to the police and accordingly FIR Ex.PW 12-A was registered against the accused persons. The complainant was got medically examined from doctor vide MLC Ex.PW 7/A. Danda Ex.P-1 was produced by Sarvan Kumar before the police. The accused were tried for commission of offence under Sections 323, 325, 504 read with section 34 IPC.

(3.) BHAGWANI Devi has appeared as PW-3 and has stated that she does not remember date, month and year, however, it was 7.30 a.m. She has stated that a Peepal tree was lying on the road, which had caused obstruction. She with the help of the other persons kept the same on the other side. After 5/6 months, accused tried to cut the tree and when she stopped them from doing so they hurled abuses and Sarvan Kumar gave her beatings with danda on her leg. She was saved by Leela Devi and Dev Raj. In cross-examination, she has stated that police had taken into possession danda which she had produced before the police on the spot. She admitted that medical examination of accused Lekh Raj was also got conducted at the place where her medical examination was conducted.