STATE OF H.P. Vs. SWATANTAR SINGH

JUDGEMENT

(1.) THE respondents were prosecuted for offence, punishable under Sections 451, 323, 506 read with Section 34 IPC and were acquitted by learned Judicial Magistrate Ist Class, Manali, Distt. Kullu, in Criminal Case No. 81 -1/99/125 -II/2000 on 7.3.2002.

(2.) THE prosecution case, in brief, is that the statement Ex. PA of PW 2 Sohan Singh was recorded under Section 154 Cr,P.C. The complainant in his statement, under Section 154 Cr.P.C. has stated that on 3.1.1999 at about 9.30 a.m. when he was attending his apple trees in the orchard, Nishant came in the orchard and started fiddling with his fence, he asked him not to fiddle with the fence, on this Nishant gave a fist blow on his face, Swatantar Singh also came there and separated the complainant and Nishant. Thereafter Nishant and Swatantar Singh left for their homes and the complainant also came in his home. Nishant and Swatantar Singh are the nephews of the complainant. Both the parties have joint land and house. The complainant was in the verandah of his house, Nishant, Swatantar Singh, Pawan Kumar all sons of Lal Singh and their mother Guddi Devi were also there. Nishant gave fist blow on the mouth of the complainant, as a result of which two teeth of lower jaw of the complainant were broken and four teeth developed mobility. All the above said persons had scuffle with the complainant. Jiwan, Hukam Chand Chauhan, Mangal Chand and other villagers intervened and saved the complainant. In the orchard, Shalini younger daughter of the complainant and a labourer were present. On this, FIR Ex. PC was registered, site plan was prepared and recoveries were made. The statements of witnesses were recorded. The injured was medically examined on 3.1.1999 vide MLC Ex. PW 1/A. On completion of investigation, challan was presented against the respondents, who were charged for having committed offence, punishable under Sections 451, 323, 506 read with Section 34 IPC, to which respondents pleaded not guilty and claimed trial. The prosecution has examined nine witnesses and produced some documents. The statements of respondents were recorded, under Section 313 Cr.P.C., they denied the prosecution case. The learned Judicial Magistrate acquitted the respondents, hence this appeal.

(3.) PW 1 Dr. Manohar Lal has stated that he had examined Sohan Singh on 3.1.1999 and issued MLC Ex. PW 1/A. In crossexamination, he has stated that injured was brought to Primary Health Centre by a police official. He has also stated that possibility of injuries sustained by fall on sharp object cannot be ruled out. PW 2 Sohan Singh has stated that on 3.1.1999 at about 9.00 a.m., Nishant came in his field and started removing the fence, he objected. On this, Nishant gave 3 -4 blows on his mouth. In the meantime, Swatantar Kumar came on the spot and he separated both of them and they left the place and he remained in his field. They threatened to kill him. The incident was seen by his Gorkha servant and younger daughter. He came to his house at about 11.00 a.m. and was in his verandah. He narrated the incident to his wife. She asked Nishant, Swatantar, Gudi Devi and Pawan about the beatings, thereupon all of them came in his verandah and gave beatings to him and his wife with hands and kick blows, as a result of which his two teeth were broken and four developed mobility. At the time of beating, they were pulling him towards their courtyard but by that time villagers such as Mangal Chand, Hukam Chand, Jiwan and others came and rescued him from them. He narrated the incident to his father, who took him to police post and reported the matter. The police got him medically examined in the hospital. He was also medically examined at Kullu by Dentist. The report which was lodged with the police is Ex. PA. In cross -examination, he has stated that there was infection in his mouth and he got removed some teeth, he has 15 -16 teeth. Their father is owner of the entire property. The blood fell on his clothes when his teeth were broken. He told police that Gudi Devi and Pawan Kumar laid him on the floor. When Mangal Chand, Hukam Chand etc. came, at that time the accused were giving beatings and his servant Gianinder was also there.