SHAKUNTLA DEVI Vs. LALMAN & ORS

JUDGEMENT

(1.) Cr.Mp(M) No. 1276 of 2017, Cr.MP o. 1215 of 2017 and Cr. Revision No. 89 of 2009 Petitioner herein claims herself to be the victim of occurrence having taken place long back on 10.11.2001 around 1:30 P.M. at village Dhangu, Police Station Balh, Tehsil Sadar (now Tehsil Balh) , District Mandi wherein she allegedly was assaulted by respondents No. 1 and 2, the accused persons at a time when was irrigating the field belonging to them along with her son Hitesh Kumar. Both accused accompanied by their coaccused Hem Raj, Jagdish Kumar and Puran Chand (since dead) all of a sudden appeared on the spot and started ploughing the said field with a tractor brought with them. While accusedrespondent Lalman caught hold the complainant, his wife accused Radha Devi assaulted her with sickle and thereby she received injuries on her person. It was further alleged that all the accused gathered in the form of an unlawful assembly and conspired with each other to tress pass into the land of the complainant party and also administer beatings to them. The task they planned by conspiring with each other they completed by entering upon the field of complainant party and administered beating to the complainant and her son Hitesh Kumar.

(2.) The occurrence was reported to the police of Police Station, Balh, District Mandi where a case came to be registered against all the accused under Section 147, 447, 323 read with Section 149 IPC vide FIR No. 376 of 2001. The police on conducting investigation and collecting the evidence against the accused-petitioner prepared the final report under Section 173 Cr.P.C. and presented the same in the Court with a prayer to punish the accused persons. The report so filed came to be registered as Police Challan No. 53-I/2002 (46-II/2002) and tried by the Court of learned Judicial Magistrate Ist Class (II) , Mandi, District Mandi. Learned trial Magistrate after holding full trial has convicted all the accused persons for the commission of offence punishable under Sections 323 and 447 read with Sections 149 and 147 of the Indian Penal Code. They were sentenced to undergo simple imprisonment for a period of three months and also to pay Rs. 500/- as fine under Section 323 read with Section 149 of the Indian Penal Code and to undergo simple imprisonment for a period of two months and to pay Rs. 200/- as fine under Section 447 read with Section 149 IPC and also to undergo three months simple imprisonment as well as to pay Rs. 500/- as fine under Section 147 IPC.

(3.) All the accused have assailed the findings of conviction recorded against each of them by learned trial Court in an appeal registered as Criminal Appeal No. 15 of 2006. Learned Sessions Judge, Mandi on hearing the parties and appreciation of evidence has held that the prosecution has failed to prove its case beyond all reasonable doubt. All the accused, as such, were acquitted of the charge framed against each of them vide judgment under challenge in these proceedings before this Court.