STATE OF H. P. Vs. ROSHAN LAL

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 30.11.1999 passed by the Judicial Magistrate Ist Class, Bilaspur, H. P., in Criminal Case No.153/2 of 1997, titled as State v. Roshan Lal, acquitting the accused of the charged offence under sections 324, 451, 504 & 506 of the Indian Penal Code.

(2.) THE complainant and the accused persons are real brothers and are immediate neighbours. As per the case of the prosecution on 17.10.1997, when the accused collected the cow dung belonging to the complainant, his wife Smt. Nirmla Devi objected to which the accused started abusing the complainant. 1 Whether reporters of Local Papers may be allowed to see the judgment? She informed the complainant, who came out of his house and inquired from the accused as to why he had collected the cow dung and abused him. The accused was carrying an axe and his sister Leela Devi who was also present in the compound was having a gandasa and danda and both of them again started abusing the complainant. The accused also gave a blow with the axe on the complainant's arm with which he was injured. The complainant raised hue and cry when his wife Nirmla Devi and one Smt. Banti rescued the complainant from the clutches of the accused but the accused also locked the complainant and his wife in his house for sometime. Accused threatened the complainant that he would kill him on some other occasion. The matter was reported to the police vide report Ext.PW-4/A. On the basis of which, FIR dated 17.10.1997 was registered with Police Station, Barmana under Sections 324, 451, 504 & 506 of the IPC. Injured was got medically examined by the police through Dr. Vinod Kumar (PW-3) who issued MLC Ext.PW-3/A. Site plan Ext.PW-8/A was prepared and the blood stained clothes (vest) Ext.P-2 belonging to the complainant was also taken into possession by the police vide recovery memo Ext.PW-5/A and danda was taken into possession vide recovery memo Ext.PW-5/B. The matter was investigated and the challan was filed for trial against accused Roshan Lal only. Smt. Leela Devi who was originally named in the daily diary report Ext.PW- 4/A as also in FIR Ext.PW-4/B was not associated as accused. The accused was charged for the offences under sections 324, 451, 504 and 506 of the Indian Penal Code. The accused did not plead guilty and the matter was put to trial accordingly.

(3.) THE Court below, considering the material on record concluded that the prosecution had not been able to prove its case beyond reasonable doubt and the accused was not guilty of the charged offences. The acquittal is primarily on the ground that out of the spot witnesses, 2 witnesses i.e. PW-1 & PW-6 did not witness the occurrence of the incident and the statements of the witnesses i.e. complainant (PW-5) and his wife (PW-2) did not inspire confidence.