KANTA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant criminal revision petition, becomes directed, against, the impugned order, made on 15.12.2017, by the learned Chief udicial Magistrate, Shimla, where through after rejecting, the, espousal of the accused, for hers, becoming discharged vis--?-vis, the offences, constituted under Sections 336 , 504 and 506 of the IPC, as embodied in the FIR No. 301, of, 15.12.2015,lodged at Police Station, Boileauganj, Shimla, (i) rather the learned Chief Judicial Magistrate, Shimla, order, for, notice of accusation becoming, put to the accused, vis-vis, the afore offences, and, thereafter, listed the matter, for, summoning, of, the prosecution witnesses.

(2.) A perusal, of, the complaint, underscores, vis--?-vis, the relevant incident, remaining un-witnessed, by any person(s), hence holding their respective abodes, in the vicinity, of, the site of occurrence.

(3.) The site of occurrence, is, disclosed, in, the site plan, and, purported eye witnesses, vis--?-vis, the relevant occurrence, become enunciated therein, to, hold their respective abodes,rather above the site, of, occurrence, (ii) and, thereupon, the, prosecution contends, that, the non-enumeration, of, their names, in the FIR, by the complainant, becoming well-explicated, given, the accused, becoming de-facilitated, to sight, the prosecution witnesses, whose, abodes, occur(s), above the site, of, occurrence, (iii) obviously, the prosecution also contended, that, the afore disablement, rather comprising an apt tangible explanation, vis--?-vis, the complainant, hence, not reciting, their, names in the complaint, nor also, the prosecution, becoming disabled to rely, upon, their testimonies, (iv) as only, upon, theirs' stepping into witness box, rather would enable the accused, to, become further facilitated, to, impeach their credit. (v) Obviously, the prosecution contends, that, naturally the afore explanation, vis-a-avis, non-enumeration, of, the names, of the prosecution witnesses, in, the complaint, by the complainant, not, constituting any tangible reason, for this Court, to, interfere, with, the impugned order, and, nor thereafter, it can make an order, vis--?-vis, the accused, becoming discharged, vis--?-vis, the offences, constituted, in, the FIR. However, to, the considered mind, of, the Court, all the afore contentions, as, reared before this Court, by the learned Addl. A.G., are extremely frail, and, feeble, (vi) as, the incident occurred on 15.12.2007, and even if the prosecution witnesses, concerned, hold, their respective abodes, above the site of occurrence, and, also, if they became facilitated, to, sight, the occurrence, as, purportedly, occurred, below their respective homesteads, (vii) nonetheless, they were enjoined, to, intercede in the scuffle, which erupted interse, the, complainant, and, the accused, (viii) and also, were enjoined to accompany the complainant, to the police station concerned, for, theirs alongwith the complainant, promptly making their respective statements, under Section 161 Cr. P.C. However, the statement(s) of the to prosecution concerned, became recorded on 17.12.2015, and, witnesses, hence, when a delay of two days, obviously occurred in the recording, of, the statements, of the prosecution witnesses, despite, their availability, in, proximity, of, the site of occurrence, and, also given theirs purportedly, ocularly witnessing, the relevant occurrence, (ix) hence, the afore delay, in, the Investigating Officer, rather recording, their statements, under Section 161 Cr. P.c., does, obviously entail, an, inference, vis--?-vis, the Investigating Officer concerned, inventing their statements, under Sections 161 Cr.P.C., and even if, the accused, may become facilitated, to, impeach their credit, through, her counsel, hence cross-examining them, yet, the clinching preeminent factum, of, the afore staining delay, is, rather its subsuming, the afore factum, moreso, when hence, the accused, would become subjected, to, the ordeal, of, un-necessary harassment humiliation, of, facing trial, despite, the afore and vitiations.