STATE OF HIMACHAL PRADESH Vs. SANJEEV KUMAR

JUDGEMENT

(1.) THE present appeal arises out of the impugned judgment dated 22.4.2000 passed by the Judicial Magistrate 1st Class, Bilaspur, H.P., in Case No. 144/2 of 1997, titled as State of H.P. V/s. Sanjeev Kumar and Anr. acquitting the accused of the charged offences under Sections 354, 341, 323 read with Section 34 IPC.

(2.) AS per the case of the prosecution on 19.8.1997, complainant Kashmiri Devi (PW -3) was travelling to Dhundan in her vehicle along with her sons Susheel Kumar and Vijay Kumar (PW -4), and daughter Reena Devi and at about 9.00 p.m. when they reached a place known as Ghagas, the battery of their vehicle got completely discharged. PW -4 and Reena kept sitting in the vehicle and the complainant and Susheel Kumar travelled in a three wheeler to a place known as Beri to get the battery repaired. After getting the same repaired while they were returning back in a truck, another truck bearing No. HP -24 -7275 being driven by the accused came from behind and after overtaking parked his truck in front of the vehicle in which the complainant was travelling, but on the objection of the driver he drove away from there. After reaching Ghagas they got down from the truck and started walking towards their vehicle with the battery. In the meanwhile, the accused also reached the spot and after stopping the truck he got down and catching the complainant from the arm started dragging towards their truck. At that she shouted and hearing her cries, her elder son Susheel Kumar came to rescue her when accused Sanjeev Kumar hit him with an iron rod on his head as a result of which her son fell down and became unconscious. In the meanwhile, hearing the cries, her another son Shri Vijay Kumar (PW -4) who was sitting in the Van also ran to her rescue. The accused also attacked him with an iron rod but however, the complainant intervened and saved her son by catching the rod with her hands. The accused persons gave beatings to the complainant and her two sons with fist and blows and also tore off her clothes. In the meantime, a bus stopped by and the accused persons immediately fled away from the spot. The complainant and her sons received injuries. PW -3 and Susheel Kumar were sent in a three wheeier to the hospital and the police was informed by PW -4. Statement of the complainant Ext. PW -3/A under Section 154 Gr.PC. was recorded. Based on the same, FIR No. 130/1997 dated 20.8.1997 (Ext.PW -8/A) was registered with Police Station Barmana, Bilaspur, H.P. under Sections 341, 345, 323/34 IPC against the accused persons. During investigation blood stained torn shirt Ext. P -1 of Susheel Kumar and torn shirt of the complainant Ext. P -2 and iron rod Ext. P -3 were taken into possession vide seizure memos Ext. PW -2/A, Ext. PW -2/B & Ext. PW -2/C. The vehicle was also impounded and the injured were got medically examined trough Doctor S.D. Bharwal (PW -6) and the MLC Ext.PW -6/A were also taken on record. Certificate Ext.PW -9/A issued by the owner of the vehicle showing the accused to be on duty at the relevant time was also taken on record.

(3.) IN order to prove its case, the prosecution examined 11 witnesses and statements of the accused under Section 313 Cr.P.C. were also recorded. The only defence taken is that the witnesses are interested witnesses.