IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.Appeal No. 225 of 2001. Judgment reserved on: 24.4.2008 Date of decision: 21.5.2008 State of Himachal Pradesh ……...Appellant Vs. Bardu Ram and others …. Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Appellant : Mr. A. K. Bansal, Addl. Advocate General. For the Respondents : Mr. Vikram Thakur, vice Mr. Shrawan Dogra, Advocate. Kuldip Singh, Judge. The State has filed this appeal against the judgment dated 16.9.2000 passed by learned Chief Judicial Magistrate, Bilaspur, Camp at Ghumarwin in Case No.7-1 of 1999/96, acquitting the respondents under Sections 451, 323, 506 read with Section 34 IPC. 2. The prosecution case in brief is that on the basis of FIR Ex.PW-1/A which was registered at Police Station Talai at the instance of PW-1 Sukh Ram, the respondents were prosecuted under Sections 451, 323, 506 read with Section 34 IPC. The further Whether the reporters of the local papers may be allowed to see the Judgment? Yes …2… case of the prosecution as per FIR Ex.PW-1/A is that on 3.1.1996 at about 3 pm at Androli PW-5 Smt. Lachmi Devi asked respondent No.2 not to lop the branches of her tree but he refused, on this Lachmi Devi came in her kitchen, the respondent No.2 armed with handle of pickaxe with intention to kill Lachmi Devi came towards her kitchen. On this Lachmi Devi bolted the door of the kitchen. The respondent No.2 broke the wire mesh of the door, opened the door and entered the kitchen. He gave beatings to Lachmi Devi with the handle of pickaxe. The other respondents pelted stones on the kitchen, as a result of which three slates of the kitchen were broken. The respondents threatened to kill Lachmi Devi and also abused her. The incident was witnessed by PW-2 Kamla Devi and PW-3 Sonia Devi daughters of complainant PW-1. Lachmi Devi was medically examined by PW-8 Dr. Rajesh Kumar, who issued MLC Ex.PW-8/A. On completion of investigation challan was presented in the Court and the notice of accusation was put to the respondents under Sections 451, 323, 506 read with Section 34 IPC. They denied the accusation and claimed trial. The prosecution examined in all 8 witnesses to prove the case. The statements of respondents- accused were recorded under Section 313 Cr.P.C., they pleaded their innocence but did not lead any evidence in defence. The learned Chief Judicial Magistrate acquitted the respondents and the State is in appeal, as noticed above. 3. I have heard Mr. A.K. Bansal, learned Addl. Advocate General for the State and Mr. Vikram Thakur, learned vice counsel for …3… the respondents and gone through the record. PW-1 Sukh Ram in FIR Ex.PW-1/A has stated that the incident was witnessed by PW-2 Kamla Devi and PW-3 Sonia Devi. PW-1 Sukh Ram is not an eye witness. PW-5 Lachmi Devi has stated that Premu Ram had cut the tree and Bardu Ram, Lakhia Ram and Raju Ram had pelted stones on her house and had also broken the roof slates. Premu Ram came with the handle of pickaxe and gave its blows on her chest and head and she became unconscious. In her cross-examination she has stated that 52 slates were broken and the quarrel continued for about 2 to 2 ½ hours. There are many houses adjacent to her house. She has no where stated that PW-2 Kamla Devi and PW-3 Sonia Devi were present on the spot. She has rather stated that no one came out from the adjacent houses. This witness has not stated that respondent No.1 entered in her kitchen after breaking the door. 4. In FIR Ex.PW-1/A, it has been stated that three slates were broken whereas PW-5 has stated that 52 slates were broken. PW-5 has stated that quarrel continued for about 2 to 2 ½ hours but she has also stated that no body came out from the adjacent houses during this period. PW-2 Kamla Devi daughter of PW-1 Sukh Ram and PW-5 Lachmi Devi has stated that she was grazing her cattle and on hearing the noise she came to her house and saw that Premu Ram, Lakhia Ram, Raj Kumar and Bardu Ram were throwing stones at her mother’s room. She has not stated that Premu Ram entered the room after breaking the wire mesh and gave beatings to her mother with the handle of pickaxe. PW-3 Sonia is also another …4… daughter of PW-1 Sukh Ram and PW-5 Lachmi Devi. She has stated that Bardu Ram, Lakhia Ram, Raju Ram had thrown stones on their kitchen and many slates of their kitchen were broken. Premu Ram gave beatings to her mother with the handle of pickaxe. PW-3 Sonia has not stated that Premu Ram entered the kitchen by breaking the wire mesh of the door, nor she has stated that PW-5 became unconscious . PW-5 Lachmi Devi has not stated that PW-3 Sonia was present on the spot. PW-4 Gita Devi is not an eye witness. PW- 6 Amro Devi has not supported the prosecution. She was declared hostile. PW-7 Khiali Ram has stated that one danda was produced by Lachmi Devi to the police. He did not support the prosecution and was cross-examined and in cross-examination also he has denied that danda was produced by Prem Singh. PW-8 Dr. Rajesh Kumar has proved MLC Ex.PW-8/A of Lachmi Devi. He has admitted that the injuries mentioned in the MLC can be caused by a fall. The respondents in their statements under Section 313 Cr.P.C. have denied the prosecution case. 5. The prosecution story revealed by PW-5 Lachmi Devi has not been corroborated by her own daughters PW-2 Kamla Devi and PW-3 Sonia. The Investigating Officer has not been examined. It has come on record that there are many houses adjacent to the place of incident but no independent person has corroborated the prosecution story. The injuries noticed in MLC Ex.PW-8/A as per PW-8 Dr. Rajesh Kumar can be caused by a fall. The learned Chief Judicial Magistrate has rightly appreciated the material on record and …5… has drawn proper inference from the material produced by the prosecution. The prosecution has failed to prove the case against the respondents beyond reasonable doubt. No case for interference has been made out, accordingly appeal dismissed. Bail bonds furnished by the respondents are discharged. ( Kuldip Singh ) Judge. May 21, 2008 (sks)