STATE OF H P Vs. RAGHUBIR SINGH

JUDGEMENT

(1.) This appeal is directed against the judgement of the learned Additional Chief Judicial Magistrate, Dehra, District Kangra, in Criminal Case No. 57- II/96 dated 4.7.2001, whereby he acquitted the accused of having committed offences punishable under Sections 323, 324 and 506 read with Section 34 IPC.

(2.) PW-4 complainant Nirmala Devi lodged a complaint that on 31st May, 1995 when she was working in a cow-shed then the accused persons started erecting a boundary fence by putting bushes on the land. She objected to the same. On this the accused persons got very angry and accused Raghubir Singh gave her a blow with a "Drati" and accused Amrit Lal gave her kick and fist blows. She suffered a cut injury on the right hand. On the basis of this complaint, F.I.R. was lodged. The police investigated the matter and after investigation the challan was filed in Court. The accused were summoned. They pleaded not guilty and claimed trial. After trial the accused have been acquitted. Hence the present appeal.

(3.) PW-4 appeared in the witness box and supported the version given by her in the complaint. Her version is that the land on which the fence was being raised by the accused had been purchased by her from her brother-inlaw. She admitted that some civil litigation was pending in respect of the same land. According to her, her father PW-6 Finu Ram, the Sarpanch and other relatives reached the spot. However, she does not clearly state as to when these persons reached the spot.