STATE OF H.P. Vs. DHANI DEVI

JUDGEMENT

(1.) THE present appeal arises out of judgment dated 10.8.2000 passed by judicial Magistrate, Ist Class, Baijnath, District Kangra, H.P. in Criminal Case No. 80 -II/99/95, titled as State Vs. Dhani Devi and others, acquitting the accused of the charged offence.

(2.) AS per the case of the prosecution, FIR bearing No. 42 of 1995 under Sections 323, 341, 506 and 34 IPC was registered with Police Station Baijnath, District Kangra, H.P. The same was lodged on the complaint of Charan Dass (PW -4). As per the complaint, on 23.3.1995 at about 7 a.m., 7.30 a.m. the complainants father Shri Rulia Ram (PW -3) was going to the fields when he was stopped and abused by accused Kirpa Ram and Dhani Devi. Shortly thereafter, accused Sarwan Kumar came with a Darat (sickle) in his hand and was followed by accused Rajmal. The said accused persons started beating PW -3 with stone and danda as a result of which he suffered injuries. The incident was witnessed by Parkash Chand. Hearing the cries of Rulia Ram (PW -3) complainant Charan Dass (PW -4) along with his wife Smt. Asha and his mother Smt. Sheela came at the spot. The accused persons gave beatings to them due to which they also sustained injuries. The matter was investigated by the police and the injured PW -3, PW -4 and Smt. Sheeela and Smt. Asha were got medically examined through Dr. Nirdosh Gupta (PW -8). MLC reports are Ext. PW -8/A to Ext. PW8/D. X -ray and films are Ext. PW -6/A and Ext. PW -6/C and Ext. PW -9/A. The weapon of offence, namely, Danda and stones were recovered vide recovery memo Ext. PW -5/A and Ext. PW -1/A. The recovery was effected in the presence of Parkash Chand (PW -5), Masedu Ram (PW -1), Bhambri Ram (PW -2).

(3.) IN order to prove its case, the prosecution examined 10 witnesses and the statements of accused under Section 313, Cr. P.C. was also recorded.