IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.Appeal No.642 of 2002 Decided on: 27th October, 2009 State of H.P …..Appellant. VERSUS Sonu Kumar & Ors. …..Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for reporting?1No For the Appellant: Mr.Ram Murti Bisht, Deputy Advocate General. For the Respondents: Ms.Archana Dutt, Advocate. Deepak Gupta,Judge (Oral) This appeal by the State is directed against the judgement dated 21.2.2002 passed by the Learned Judicial Magistrate 1st Class, Dehra in Criminal RBT Case No.174-II/2000/99 whereby he has acquitted the accused of having committed offences punishable under Sections 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes …2… 452, 323, 506 read with Section 34 of the Indian Penal Code. 2. Briefly stated the facts of the case are that the complainant Smt.Bhama Devi lodged a complaint in the police station, Haripur on 26.10.1998 to the effect that on 26.10.1998 at about 7 A.M, the three accused came to her courtyard. At that time, her husband and son were working in the fields. According to her, the accused persons asked the complainant where her husband had gone. She, in turn, asked the accused persons why they had come to her house and why they want to know about her husband? On this, the accused persons gave her one blow of ‘danda’. Thereafter, the complainant in order to save herself, rushed inside her room. According to her, the accused followed her and gave her beatings inside the room also. The complainant further stated that her daughter Madhubala at the relevant time was working in the kitchen and raised an alarm. On hearing the alarm raised by Madhubala, the son and husband of the complainant came to the house and on seeing them, the accused persons fled away. 3. The complainant suffered a number of injuries in the said incident. She was medically examined and as …3… many as 11 injuries were found on her body. All these injuries are simple in nature. After investigation, the challan was filed against the accused persons who were summoned. After putting in appearance, they pleaded not guilty and claimed trial. After trial, they have been acquitted. Hence the present appeal. 4. The prosecution version, as setout in the FIR, has already been given in detail above. While appearing as PW/3 in the Court, complainant Bhama Devi gave a different version of the incident. According to her, she was working in her house when the accused persons armed with dandas entered into her house and asked where her husband had gone. When she asked the accused person why they are inquiring about her husband, they gave her a danda blow. Then she rushed into her room and the accused persons entered into her room and gave her beatings inside the room. Her daughter raised an alarm then her husband and son came to the spot. She further stated that dandas Ext.P1 to P3 were taken into possession by the Investigating Officer vide memo Ext.PW3/A. The main stress of the cross-examination is that the complainant’s son and her husband were raising Khurali on the land of the accused …4… and the incident occurred when they wanted to protect themselves. It is not disputed that the land of the accused and the complainant is adjoining to each other. It is also proved on record, and in fact admitted by the complainant, that there are a number of other criminal cases filed against the accused and other relations of the accused which are pending in the Court. 5. The statement of PW/4 Madhubala, daughter of the complainant is different to that of the complainant. Whereas according to the mother-complainant Smt.Bhama Devi, she was first given beatings in the courtyard and then entered the room, according to Madhubala, the entire incident took place inside the room. She further stated that she was inside the room when the accused persons gave beatings to her mother. This is contradictory to the statement of the complainant who stated that Madhubala was at that time in the kitchen and preparing the meal. 6. Even with regard to the recovery of dandas, there are a lot of lacunae in the prosecution version. According to the Investigating Officer, he took into possession the dandas Ext.P1 to Ex.P3 vide memo Ext.PW3/B. PW/5 Sushil Kumar has proved the recovery …5… memo Ext.PW3/B and Ext.PW3/C vide which the dandas were taken into possession. The complainant had not stated that the accused had left behind the dandas at the spot. The complainant had not handed over the dandas to the Investigating Officer. According to her, it was her husband Om Parkash who had handed over the dandas to the Investigating Officer. On the other hand, her son PW/5 states that these dandas were handed over by his mother Bhama Devi. 7. It is thus obvious that the testimony of the two eye witnesses is contradictory to each other. Even with regard to the recovery of dandas, the son of the complainant gives a totally different version while appearing as PW/5. 8. Keeping in view all these aforesaid facts, I feel that the learned Trial Court was correct in acquitting the accused. There is no merit in the appeal which is accordingly rejected. 27th October, 2009 ( Deepak Gupta ) (m) Judge.