STATE OF HIMACHAL PRADESH Vs. KULDEEP CHAND

JUDGEMENT

(1.) The present appeal is maintained by the State of Himachal Pradesh against the judgment of acquittal dated 17.11.2007, passed by learned Special Court, Kangra Division at Dharamshala, H.P. in Sessions Case No.40-B/VII-2006.

(2.) Briefly stating the facts giving rise to the present appeal are that on 21.12.2005, Satya Devi (PW7) made a statement under Section 154 Cr.P.C. (Ex.PW5/A) alleging that on 19.12.2005, at about 8.00 a.m., when she was proceeding to throw cow dung carried in a "Tasala", the accused stopped his car, alighted from the car, wrongly restrained her and hurled her the words "calling her with caste and live properly" and pushed her and dragged on the heap of cow dung and again gave pushes and fist blows and "addressed by caste and also said that Achha Khane Ko Mil Raha Hai To Dhang Se Raho, Tumhara Deemag Kharab Ho Gaya Hai, Main Tumhen Andar Hi Jala Doonga." It has been alleged by her that since the death of her son, the accused is nourishing enmity and whenever he happens to meet the complainant, he used to call her by caste. When the accused committed the aforesaid illegal acts, she was rescued by PW9 (Des Raj) and Bhamri Ram, who were present there. It has been alleged that S.I. Sureshta, SHO, Police Station, Baijnath (PW6) sent the said statement after making her endorsement on it to the Police Station, Baijnath for registration of F.I.R., through HHC Gulzar Chand and thereafter, HC Rakesh Kumar (PW5), recorded the FIR, Ext.PW6/A and ensued the investigation. PW6 prepared the spot map, Ex.PW6/A and case file was handed over to Sh. Saju Ram Rana, Dy. Superintendent of Police. It has been alleged that PW6 arrested the accused on 29.12.2005. PW10, Ravinder Thakur, the then Dy. Superintendent of Police took over the investigation of the case on 01.08.2006 and he moved an application, Ex.PW1/A to the Tehsildar, Baijnath for obtaining caste certificate of Satya Devi (PW7) and of the accused. He obtained Shajra Nasab of Satya Devi, Ex.PW4/A and caste certificate of accused, Ex.PW2/B and found that PW7 is a member of Scheduled Caste and her sub-caste is in the Schedule enumerated as Scheduled Caste and the accused is a member of non-scheduled caste, being Rajput by caste. It has been alleged that on 21.8.2006, he recorded the statement of witnesses. On completion of codal formalities, he prepared police report under Section 173 Cr.P.C. and presented the same in the Court of Addl. Chief Judicial Magistrate, Baijnath.

(3.) The learned Trial Court after recording the statements of the accused under Section 313 Cr.P.C., acquitted the accused, hence, the present appeal.