IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No.776 of 2010. Decided on: 23rd August, 2010. _______________________________________________________ State of Himachal Pradesh ….Petitioner Versus Jagat Ram and others. ..Respondents. Coram Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting1? Yes. For the petitioner : Mr. A.K. Bansal, Additional Advocate General and Mr. J.S. Rana, Assistant Advocate General. For the respondents : Nemo. ____________________________________________________ SURINDER SINGH, J (Oral) The respondents were acquitted by the learned trial Court for the offences punishable under Sections 341, 323, 325 read with Section 34 of the Indian Penal Code, as such leave to appeal has been sought in this case. 2. Record of the trial Court perused. 3. In short, the prosecution case can be stated thus. On 15.5.2008 around 1.00 pm, complainant Heera Devi was going to call her children from the field who were engaged in harvesting the wheat crop. It is alleged that when she was on her way, the respondents in furtherance of their common intention wrongfully restrained her and gave beatings which caused fracture of the left knee joint (Patella) and other simple injuries. The matter was Whether reporters of the Local papers are allowed to see the judgment? - 2 - reported to the police and in turn FIR was registered. She was got medically examined. Medical certificate is Ext.PW-6/A alongwith X-ray films Exts.PW-6/B1, 6/B2 and report is Ext.PW-6/C. The police visited the spot, prepared the site plan and took into possession the weapon of offence. On the completion of Challan, it was presented in the Court for the trial of the respondents. They were accordingly charge-sheeted for the offences aforesaid. The respondents abjured their guilt and claimed trial. 4. To prove its case the prosecution examined complainant Heera Devi (PW-1), besides examining PW-2 her husband Munshi Ram and son PW-5 Rajinder Kumar. At the end of the trial, respondents were acquitted. 5. In fact, both the parties were locked in the litigation prior to the alleged incident as admitted by PW-5 Rajinder Kumar son of the complainant, which fact has been denied by his parents. Further, PW-2 Munshi Ram, the husband of the complainant has half-heartedly supported the case of the prosecution, but denied that the respondents were also attacked by them. 6. The Investigating Officer categorically admitted that with respect to the alleged incident the respondents had also lodged an FIR against the complainant and her husband under Sections 341, 323, 325 read with Section 34 of the Indian Penal Code. In the same incident they had sustained grievous injuries. The copy of the FIR is Ext.D.1. Jagat Ram respondent had sustained fracture in his hand. His hand was also plastered. 7. Although, the complainant and her husband denied that the incident had taken place on account of some land dispute, - 3 - but the Investigating Officer PW-7 Ashok Kumar, HC has admitted this fact in his cross-examination. He had also got conducted the demarcation of the land which was in dispute. The respondents had constructed a house over the portion which fell in their possession. The complainant party, thus were indisposed of towards them. The occurrence had taken place. FIR No.136 of 2008 was lodged at the instance of the accused party. Sickle, the weapon of offence, was recovered from Munshi Ram, the husband of the complainant. In the same incident Jagat Ram sustained fracture. 8. It is not understood when both the parties had sustained injuries in the same incident as to why both the cases were not tried and decided by the learned trial Court together in order to find out who was the aggressor. 9. However, in the facts and circumstances of the case referred above, it is not clear as to who was the aggressor and there is no explanation offered by t he prosecution as to how the respondents sustained grievous injuries. In view of this, the case of the prosecution as put forth creates a doubt, as such the leave to appeal is rejected. August 23, 2010. (Surinder Singh),J. (rc)