IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.A No.550 of 2002 Date of decision : July 7, 2009 State of H.P. …Appellant. Versus Jeet Ram and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Appellant : Mr. Ramesh Thakur, Assistant Advocate General. For the Respondents : Mr. S.S. Mittal, Senior Advocate, with Mr. Surinder Parkash, Advocate. Surjit Singh, J (oral) State has appealed against the judgment, dated 27th May, 2002, of learned Judicial Magistrate, whereby respondents, who were charged with and tried for offences, punishable under Sections 325, 323, 506, read with Section 34 of the Indian Penal Code, have been acquitted. 2. Prosecution case, as per evidence adduced during trial, is like this. Daulat Ram (PW-4) went to the Police Station at 12.30 p.m., on 20th September, 2000, and lodged report Ex. PW-8/B, to the effect that on the previous evening, around 8 p.m., when he alongwith his daughter Asha Devi (PW-3), wife Brahmi Devi (PW-5) and another daughter, named Suman, was present at his house, respondent Jeet Ram, who is his real brother, came there and asked why a stranger was present at Whether reporters of the local papers may be allowed to see the judgment? …2… his house. Name of that stranger was Satish Kumar. He is Brahmin by caste, while the respondents are Bhati by caste. When PW-4 Daulat Ram told him that said Satish Kumar was treated by him as his god son, respondent Jeet Ram allegedly hit Daulat Ram with a stone. In the meanwhile, other three respondents also came there and respondent Tirath Ram dealt Danda blows on the person of PW-4 Daulat Ram and other respondents gave beatings to PW-5 Brahmi Devi and his daughters, PW-3 Asha Devi and Suman. 3. Police got all the four injured medically examined and investigated the case. All the respondents were challaned, under the aforesaid provisions of law. 4. Trial Magistrate framed the charge against them and on their pleading not guilty tried them. Defence taken by the respondents is that abovesaid Satish Kumar used to visit house of PW-4 Daulat Ram quite frequently, to which all the residents of the village objected. On the relevant date, 100-150 residents of the village had gathered, around the house of PW-4 Daulat Ram and some quarrel took place and in the course of that quarrel Daulat Ram and his family members might have sustained injuries. 5. Trial Court acquitted the respondents holding that the case was not proved, beyond reasonable doubt. 6. I have heard the learned Assistant Advocate General and learned counsel for the respondents and gone through the record. …3… 7. It may be stated, at the very outset, that all the injuries sustained by Daulat Ram, his wife Brahmi and his two daughters, were simple in nature, except an injury sustained by PW-3 Asha, which was in the nature of fracture of a phalanx of a finger. Even though in the FIR, a specific allegation was made that respondent Jeet Ram was the first to assault PW-4 Daulat Ram, by means of stone, weighing 2-2½ kgs, yet while in the witness-box, PW-4 Daulat Ram did not say that respondent Jeet Ram had assaulted and hit him with stones. He simply stated that all the four respondents came there and pounced upon him and dealt Danda blows and also hit him with stones. He did not say which respondent dealt Danda blows and who hit him with stones. Similarly, PW-5 Brahmi Devi and PW-3 Asha also did not attribute any specific role to any of the respondents. 8. PW-4 Daulat Ram and his wife PW-5 Brahmi Devi, both admitted that whenever Satish Kumar used to visit their place, residents of the village used to object to that and that on the fateful day also 100-150 persons had collected around their house, when Satish Kumar was there. Probably, the residents of the village suspected that said Satish Kumar visited house of PW-4 Daulat Ram for immoral activities, because it has been admitted by PW-4 Daulat Ram that the reasons for the objection to the visit of Satish Kumar was that he (Daulat Ram) had four young daughters in his house. 9. In the facts and the circumstances of the case, as also the fact that no specific role about the infliction of injuries has been attributed to any of the respondents, during trial, …4… possibility of the residents of the village having manhandled PW-4 Daulat Ram, his wife and his daughters, on account of the visit of Satish Kumar, to which they all had serious objection, cannot be ruled out. Hence, I do not think this to be a fit case for interfering with the judgment of acquittal. Consequently, the appeal is dismissed. July 7, 2009(sd) ( Surjit Singh ), J