LAWS(P&H)-1992-5-3

STATE OF HARYANA Vs. CHITERIA

Decided On May 14, 1992
STATE OF HARYANA Appellant
V/S
CHITERIA Respondents

JUDGEMENT

(1.) Shri Lalit Batra, Judicial Magistrate 1st Class, Faridabad, vide his judgment dated 15.12.1987 convicted and senteoced respondents Chiteria, Ami Chand and Ram Niwas under section 325 read with section 34 of the Indian Penal Code and sentenced each of them to rigorous imprisonment for two years and a fine of Rs. 250.00 each and in default of payment of fine, they were directed to further undergo rigorous imprisonment for three months each. An appeal was preferred by the respondents against the said judgment before the Additional Sessions Judge, Faridabad, who heard the appeal and vide his brief order dated 17/10/1988 acquitted the respondents after observing that the parties have compromised and permission to compromise had been granted on the application of the complainant. Aggrieved against the latter judgment of the Additional Sessions Judge, the State of Haryana has preferred this appeal.

(2.) The brief facts of the case are that on 17/12/1985, one Mohar Singh son of Devi Ram filed a complaint in the Court of learned Judicial Magistrate 1st Class, Faridabad, under sections 323, 325 and 506 read with section 34 of the Indian Penal Code against the respondents. The allegation in the complaint was that on 21/11/1985, a quarrel had taken place between one Ram Niwas and Hira Lal, younger brother of Mohar Singh, in village Faridpur on the demand of money by Hira Lal from Ram Niwas. Later on, dispute was got resolved. On the same day, at about 10.30 A.M., Champa Devi wife of Mohar Singh, complainant was going towards his (husband) ghair. On her way, she was intercepted by Ram Niwas, respondent. In the meanwhile, Ami Chand and Chiteria, respondents, started beating her with Lathis. On hearing her cries, Ram Phal son of Khacheru, Charan Singh son of Bridhan and Behari son of Phoosa, residents of village Faridpur reached the spot and saved her from the clutches of the respondents. It is further alleged that while retreating, the respondents had held out a threat that they would kill her. Mohar Singh, complainant, took his wife to Badshah Khan Hospital, Faridabad, where she was medically examined. However, it is alleged that with the connivance of the police, the medico legal report was cancealed and no police case was registered against the respondents. Subsequently, he made an application before Sub Divisional Magistrate, Ballabhgarh, as a result of which Champa Devi was again medico legally examined on 7/12/1985 and during her medico-legal examination, a fracture was-detected on her person. When the police did not take any action against the respondents, a complain was instituted by him in the Court, which was sent to Station House Officer, Police Station Faridabad for registration of the case and for conducting investigation in accordance with law. In pursuance of that order, First Information Report Exhibit P.W. 3/A was recorded on 30/12/1985. After the completion of the investigation, challan was presented against the respondents. The trial Court, on perusal of the documents on the record, charged the respondents under section 325 read with section 34, section 323 read with section 34 and section 506 of the Indian Penal Code. The respondents pleaded not guilty to the charges and claimed trial.

(3.) In order to substantiate the charges against the respondents, the prosecution examined P.W. 1 Smt. Champa Devi, P.W. 2 Dr. V.K. Anand, P.W. 3 Head Constable Herkam Singh, P.W. 4 Charan Singh, P.W. 5 complainant Mohar Singh, P.W.6 Dr.A.K.Saxena, and P.W. 7 Assistant Sub Inspector Jagjit Singh. However, P.Ws. Behari and Ram Phal were given up as unnecessary. In their statements recorded under section 313 of the Code of Criminal Procedure, the respondents denied the prosecution allegations and pleaded innocence. According to them, they have been falsely implicated.