IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.Appeal No.672 of 2000. Judgement reserved on: 13.3.2008 Date of decision: 14.3.2008 State of H.P. …….Appellant Vs. Chet Ram …. Respondent. 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 Respondent : Mr. B.N. Sharma, Advocate. Kuldip Singh, Judge. This appeal has been directed against the judgment of acquittal recorded by learned Sub Divisional Judicial Magistrate, Rampur Bushahr on 13.3.2000 in Case No.4-2 of 99, under Sections 451, 323 and 506 IPC, in a case arising out of FIR No.140/98, Police Station, Rampur Bushahr. 2. The prosecution case in brief is that on 19.8.1998 at about 6.30 PM, PW-1 Dwarka Dass complainant along with his wife PW-2 Smt. Potli Devi, son and daughter were sitting in their verandah, the accused who is elder brother of the complainant and live separately came in drunken condition and started abusing wife of Whether the reporters of the local papers may be allowed to see the Judgment? Yes …2… the complainant and caught hold her from her hair and gave beatings to her. The complainant intervened to save his wife, accused gave beatings to him also with fist and kick blows. The complainant sustained injuries on his nose and he was saved by PW-3 Rakesh Kumar and PW-6 Fidu. The wife of the complainant during scuffle lost her ear ring. On the complaint of Dwarka Dass, FIR Ex.PW-1/A was registered. The complainant Dwarka Dass and his wife Potli Devi were medically examined vide MLCs Ex.PW-5/A and Ex.PW- 5/B respectively. On completion of the investigation challan was presented in the Court against the respondent-accused. The respondent was charged under Sections 451, 323 and 506 IPC, to which he pleaded not guilty and claimed trial. The prosecution examined seven witnesses. The statement of respondent was recorded under Section 313 Cr.P.C., in which he pleaded his innocence but did not lead any evidence in defence. The learned Sub Divisional Judicial Magistrate acquitted the respondent, hence this appeal. 3. I have heard Mr. A.K. Bansal, learned Addl. Advocate General for the State and Mr.B.N. Sharma, learned counsel for the respondent and gone through the record. 4. PW-1 Dwarka Dass has stated that 8/9 months ago Chet Ram came in the verandah in drunken condition where, he, his wife and grand daughter were sitting. The accused said that the verandah was not constructed by the father of the complainant, rather, it has been constructed by the accused. He threatened that he would put …3… them on fire. He gave beatings to his wife with fist blows as well as to him with kicks and fist blows, blood came out from his nose. Rakesh, Leela and Monu Devi came on the spot and they saved them from the clutches of the accused. On the next day report was lodged at the police station and FIR Ex.PW-1/A was registered. He was medically examined. In cross-examination he has stated that the police station is at a distance of 45 minutes from his residence through bus. He was confronted with his statement made to the police regarding that part of the statement which he made in the Court that accused came in the verandah gave beatings to him and his wife which is not recorded in the statement made to the police. He denied that complainant gave beatings to the accused and Fidu Ram saved him. 5. PW-2 Potli Devi has stated that accused Chet Ram came in the verandah at about 6 PM on 19.8.1998 under the influence of liquor and gave her beatings with fist blows and pulled her hair. Her husband intervened to save her but he was also given beatings with kicks and fist blows, blood came out from his nose. He threatened to kill them. Leela came for their rescue but she was also slaped. Rakesh and Kishan came to the spot who saved them. She sustained injuries on the arm, legs , neck and on waist. Next day they went to the police station. They were medically examined. PW- 3 Rakesh has stated that on 19.8.1998 at about 5.30 PM he was on the road, Kishan Dass was also with him. Leela his sister called him and told that fight is going on, thereupon he went in the verandah, …4… they saw that Chet Ram was scuffling with PW-1 and PW-2, they disengaged them. He didn’t see any blood. In cross-examination he has stated that he was not on the spot when quarrel took place. PW- 4 Dr. Anupam Gupta issued MLC Ex.PW-4/A of PW-1 Dwarka Dass and found simple injuries on the person of complainant. According to him the injuries were caused by blunt weapon. The complainant was medically examined on 20.8.1998 at about 12 PM. According to the opinion of the doctor the probable duration of injuries were less then 24 hours. PW-5 Dr. Rajeswari examined Potli Devi and issued MLC Ex.PW-5/A and found some simple injuries on the person of Potli Devi. The probable duration of those injuries were more then 24 hours. According to her the injuries were caused by blunt weapon 6. PW-6 Fidu Ram has stated that about one year back he was sitting with the father of the accused, nothing happened in his presence. The complainant came to beat him. He did not support the prosecution and was declared hostile. He has denied that Chet Ram came in the verandah of Dwarka Dass and gave beatings to Dwarka Dass and Potli Devi. Dwarka Das creates trouble in the village. In cross-examination conducted on behalf of the accused he has stated that he and Chet Ram were sitting in the verandah of Chet Ram. Dwarka Dass came there to beat Chet Ram and he saved Chet Ram from the clutches of Dwarka Dass and Potli Devi. Chet Ram did not go in the verandah of Dwarka Dass. PW-7HC Padam Singh is the Investigating Officer. …5… 7. The complainant and respondent-accused are real brothers. In the FIR it has been stated that Rakesh and Fidu came on the spot and saved the complainant and his wife. Whereas in his statement in the Court the complainant as PW-1 has stated that Rakesh, Leela and Monu Devi intervened and saved them from the clutches of the accused. PW-3 Rakesh has stated that he was not on the spot when quarrel took place. Leela Devi and Monu Devi have not been examined by the prosecution. PW-6 Fidu has not supported the prosecution, he has rather stated that Chet Ram was given beatings by Dwarka Dass and Potli Devi. PW-2 Potli Devi has stated that when Leela Devi intervened she was also given slap but it is not so stated by PW-1. PW-2 has stated that Kishan Dass also came on the spot but complainant Dwarka Dass has not stated that Kishan Dass came on the spot. The incident allegedly took place at 6.30 PM on 19.8.1998 and the FIR was lodged at 11.15 AM on 20.8.1998. The complainant has stated that police station is at a distance of 45 minutes from his residence through bus. The delay in lodging the FIR has not been explained. The learned Sub Divisional Judicial Magistrate has rightly appreciated the material on record. No case of interference is made out. The appeal is accordingly dismissed. ( Kuldip Singh ) Judge. March 14, 2008 (sks)