SANSAR CHAND Vs. BHARAT SINGH

JUDGEMENT

(1.) :- This Acquittal Appeal by grant of Special Leave within the ambit of Section 417 of the Code of Criminal Procedure carne up for adjudication and has arisen out of a complaint lodged by the Appellant against the respondents in the Court of Sub-Judge, Judicial Magistrate First Class, Reasi, under Section 323 of the Ranbir Penal Code and disposed of by him by his order dt. 17-5-1977, whereby the respondents accused have been acquitted.

(2.) Briefly stated the complaint was filed before the trial Magistrate alleging therein that the accused-respondent: turned hostile towards the complainant when he asked them to take care of the Camels who were usually causing damage to the crops and leaves of Dhaman trees owned by the complainant-appellant. On such a bad relation the accused on 24-1-1973 with common intention surrounded him on the road at Bhaga and he was beaten up mercilessly with Lathies and Stones as a result of which some injuries were received by him on his head, nose and back. He was saved from the clutches of the accused persons by some people around there and about the incident a report was lodged by his brother with the police concerned on 25-1-1973. He was lifted to Reasi in a Palanquin and was hospitalized. He was admitted in the hospital and remained an indoor patient till 1-2-1973 and although he was directed by the police to lodge a complaint under Section 323 R. P.C., because on the premises of the case the police was not competent to take its cognizance, for it being a summons case.

(3.) On the trial of the case, the learned trial Magistrate after evaluating and sifting the evidence of the parties, had found that the complainant had exaggerated and improved upon the prosecution story and, in no manner, the discrepancies found in the evidence recorded by the trial Magistrate, were minor. That the complainant could not tender any explanation for causing delay in filing the complaint before the Magistrate, nor the record of the hospital or the police was called to substantiate his version that as he remained admitted in the hospital from the date of occurrence till the date of lodging the complaint, therefore, he could not file the complaint within that period.