Indira Devi vs State Of Himachal Pradesh

5. As PW-1, the victim Shriram deposed on 16.8.2012 in Court giving details of civil dispute/land dispute between him and his brothers. He claimed to have forbidden the accused persons from lifting the pieces of fallen trees and when his orders were ignored, he protested and resultantly suffered a gun shot injury on the left side of his face at the hands of accused Brij Lal. He was then caught by Dev Raj who gave him a kick with his right knee and as a result he fell down. Thereafter Dev Raj caused an injury on his right hand with an axe. Thereafter an obvious improvement has appeared in the deposition of the victim that appellant no. 2 Fullan Devi attacked him with a ‘darat’ (sharp cutting weapon) which hit on his left hand, the other two appellants also gave him beatings with kicks and fist blows. He has specified that blood oozed out only from left jaw and right hand. Dev Raj allegedly run away with the gun. In the next breath he added that Dev Raj ran away from the spot along with the appellants. Only Brij Lal remained at the spot and he further assaulted the victim as a result whereof he fell down. Since son of the victim was away from the village, his two daughters-in-law came to the spot and took him to his house. His son came later and took him on a vehicle to Bilaspur where he was subjected to x-ray and some treatment and then referred to a 4 Page 4 Crl.A. No.524 of 2016 @ SLP(Crl.)2496/2016 hospital at Shimla. But before that his statement was recorded by the police at Bilaspur.

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10. We have given anxious consideration to the allegations against the appellants in the FIR as well as in the evidence that has come during trial. In view of discussions made earlier, we are of the view that the Courts below should not have believed the exaggerated and contradictory deposition of the victim qua the appellants in view of the fact that the parties were having land 7 Page 7 Crl.A. No.524 of 2016 @ SLP(Crl.)2496/2016 dispute from before and even then in the FIR no specific role was assigned to the appellants while specific role was assigned to two co-accused. The medical evidence also does not corroborate the subsequent allegations made by the victim against the appellants. The broad features of the case also reveal that the two male accused were allegedly having a gun and an axe in their hand and they used these weapons only to cause injuries which did not pose any danger to the life of the victim. In such circumstances the women accused could have hardly any reason to unnecessarily get involved into assault so as to cause simple injuries by fists and kicks. For all the aforesaid reasons we find merit in the submission advanced on behalf of the appellants and do not agree with the learned counsel for the State who has sought to support the impugned judgment and order. The conviction and sentence imposed against the appellants are set aside and they are acquitted of all the charges by extending them the benefit of doubt. The appellant no.1 has been exempted from surrendering in this case. She now need not surrender. The other appellants shall be released from custody forthwith if not required in any other case. The appeal stands allowed.

June 03, 2016.

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