IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.231 of 2008. Date of decision: 9.4.2008. State of H.P. ………. Petitioner Vs. Bhupinder Singh & Ors. …. Respondents Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. A.K. Bansal, Additional Advocate General. For the Respondents : None. Kuldip Singh, Judge. (Oral) This is an application of the State, for seeking leave to file appeal against the judgment dated 28.11.2007 passed by learned Judicial Magistrate Ist Class, Solan in Police Challan No.110/2/04/2002, acquitting the respondents for offence punishable under Sections 147, 323, 325 read with Section 149 IPC, arising out of FIR No.137/02 registered at Police Station Sadar, District Solan. 2. The prosecution case in brief is that PW-1 Satya Devi complainant made a statement to the police on 16.5.2002 at about 10 am that she is the resident of village Jarash ( Basaal) and has landed property in that village. She has sown tomatoes, other villagers have also sown their tomatoes in their fields in village Whether the reporters of the local papers may be allowed to see the Judgment?Yes …2… Jarash. The fields are irrigated from water tank which was constructed by villagers. On 16.5.2002 at about 7 am she went to connect the water pipe to irrigate her fields, Balwant Singh, Madan Singh, Bhupinder Singh, Jia Lal, Raghubir Singh and Dhian Singh came there and proclaimed that they would not allow her to irrigate fields. When she started to irrigate her fields then all above named six persons gave her beatings with fist and danda blows. On hearing her cries, her mother came on the spot and she was also beaten. The complainant has suffered injuries due to the beatings given by the aforesaid persons, on this FIR was registered. The victim was medically examined, injury No.9 on the person of the complainant was found to be grievous. On completion of investigation challan was presented against the respondents and charge was framed for offence punishable under Sections 147, 323, 325 read with Section 149 IPC, to which respondents did not plead guilty and claimed trial. The prosecution examined 10 witnesses. The statements of respondents were recorded under Section 313 Cr.P.C. in which the respondents pleaded their innocence. The respondents did not lead any evidence in defence. The learned trial Magistrate acquitted the respondents, hence this application for seeking leave to file appeal. 3. Heard learned Addl. Advocate General and perused the record. PW-1 Satya Devi has stated that on 16.5.2002, eight men and one woman i.e. respondents all of a sudden came and attacked her when she was irrigating her fields. Bhupinder Singh caused her injuries with danda, blood started oozing out from her nose and she got nasal fracture. She was also given beatings by fist and kick …3… blows. Her mother came on the spot but she was also given beatings and leg of her mother was also broken. On seeing Ex.P-1 danda she has stated that this was not the danda which was used by the respondents for beating her. The incident took place in the field of Mast Ram, who was not there but only his brother Ravinder was there. Her mother and daughter-in-law were also in the field. She has also admitted in her cross-examination that no danda was handed over to the police in her presence. There are 7/8 houses in village Jarash. The respondents had already fled away by the time her father reached the spot. 4. PW-2 Vidya Devi has stated that PW-1 Satya Devi is her daughter. She has further stated that about three years ago at about 7 am respondents gave beatings to Satya Devi when she was laying pipes. There were 8 accused in all. She was also beaten and her leg was broken with the blows of danda. The incident took place in her field which she had given to Satya Devi. The wife of Parveen Kumar was having sickle in her hands. At the time of quarrel no one was present from the village. There are no houses where the incident took place. PW-3 Suman Thakur has stated that PW-1 Satya Devi is her mother-in-law. On 16.5.2000 at about 7 am her mother- in- law was irrigating her fields, accused came there who gave beatings to the complainant with dandas. She has stated that there was no lady amongst the accused. All the accused persons were having dandas in their hands. PW-4 Dr. Manjeet Kaur Baweja has stated that on 16.5.2002 she examined Satya Devi and issued MLC Ex.PW-4/A. In her cross-examination she has stated that injuries …4… mentioned by her in MLC can be caused if a person falls and than rolls on hard surface. PW-10 ASI is the Investigating Officer, he has stated that there are 25/30 houses in village Jarash. He has stated that only Bhupinder was having danda. The learned trial Magistrate has considered the evidence on record. He has recorded a finding that PW-1 has stated that incident took place in the field of Mast Ram which was not corroborated by PW2 and PW-3. On the contrary PW-3 has stated that there were 5 accused only and there was no lady accused. However, nine persons were prosecuted including a lady. PW-5 has denied that any danda was recovered from Bhupinder Singh. The prosecution, to begin with in FIR Ex.PW-4/A has alleged that there were 6 accused but PW-1 in the Court has stated that there were 9 accused including 1 woman. PW-1 has stated that Danda Ex.P-1 is not the same danda which was used by accused for giving beatings to her. No independent eye witness has been examined from the village having 25/30 houses. The learned trial Magistrate has taken a possible view from the material on record. No case for leave to file appeal has been made out, accordingly leave refused, application dismissed. ( Kuldip Singh ) Judge. April 9, 2008 (sks)