STATE OF HIMACHAL PRADESH Vs. BALBIR SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.10.2005 passed by learned Judicial Magistrate 1st Class, Nahan, District Sirmaur, H.P., in criminal case No.58/2 of 2005, whereby accused persons, Balbir Singh, Anita Devi, Soma Devi, Kunti Devi and Shanti Devi, who were charged with and tried for offences punishable under Sections 147, 447, 427, 323 and 506 read with Section 149 of the Indian Penal Code, were acquitted.

(2.) The case of the prosecution, in a nutshell, is that on 27.12.2004, PW1 Tara Devi, complainant, and her husband PW2 Daulat Ram were raising construction of a cowshed on their land comprised in Khasra No.1028 through mason PW3 Kundan Singh and labourers PW4 Govind Ram and Sahi Ram. At about 4.00 P.M., the accused persons formed an unlawful assembly and committed criminal trespass by entering into the land of the complainant. They caused damage to the cowshed and also gave beatings to the complainant with fist and kick blows. The accused persons criminally intimidated the complainant by hurling threats. She was saved from the clutches of the accused persons by her husband Daulat Ram, mason Kundan Singh and labourers Govind Ram and Sahi Ram. The matter was reported to the police. FIR No.94/04 was registered against the accused persons. The complainant was medically examined at Referral Hospital, Dadahu. The land belonging to the parties was got demarcated by the Field Kanungo on 11.2.2005. The investigation was completed and the challan was put up in the trial court after completing all the codal formalities.

(3.) The prosecution examined as many as seven witnesses in support of its case. The accused persons were examined under Section 313 Cr.P.C.. They denied the case of the prosecution and claimed innocence. According to them, the complainant intended to grab the land belonging to them, qua which they were facing civil litigation. Learned trial court acquitted the accused persons vide judgment dated 28.10.2005. Hence, the appeal.