Adarsh Kumar Goel, J. - (1.) THE State is aggrieved by acquittal of respondents - husband and wife -of the charges under Sections 332/353/324/307/506/186/34 IP.
(2.) CASE of the prosecution is that on 11.6.2005, SI Suraj Bhan (PW -10) was present at Manav Chowk, Ambala City alongwith HC Jaswant Singh (PW -7), ASI Gurnam Singh (PW -8) and others. He received secret information that accused Gurcharan Singh was engaged in sale of liquor illegally. He organised a raid party and raided the house of Gurcharan Singh. They saw a woman in verandah trying to run away by jumping over the wall. She fell down. Accused Gurcharan Singh armed with a sword raised a lalkara that he will teach a lesson for raiding his house. He inflicted a blow on the head and a blow on the right arm of Jaswant Singh. Suraj Bhan tried to rescue Jaswant Singh. Accused inflicted another blow on the right hand of Jaswant Singh. The accused ran away from the spot. Harbans Kaur inflicted a danda blow on the back of Jaswant Singh. Suraj Bhan and Gurnam Singh also sustained injuries. Harbans Kaur gave three danda blows to Suraj Bhan. Accused also gave threat to the police party. PW -10 Suraj Bhan took into possession ten bottles of illicit liquor. He also recovered a stick from the spot with which Jaswant Singh (PW -7) had protected himself. Jaswant Singh was taken to the hospital. Suraj Bhan apprehended the accused on the same day at 4/4.30 P.M. SI Gyas Ram (PW -11) went to the hospital on receiving a message and recorded statement of Jaswant Singh, which led to registration of FIR. SI Gyas Ram completed the investigation and challaned the accused. The accused denied the prosecution allegations and stated that the police party forcibly entered their house. They gave beatings to Harbans Kaur and tried to outrage her modesty. Gurcharan Singh protested, on which, he was taken in illegal custody. Certain household articles were also stolen by the police party. On account of this, false case was made against them. Harbans Kaur also filed a cross case.
(3.) AFTER considering the evidence on record, the trial Court came to the conclusion that the case of the prosecution was not proved beyond reasonable doubt. The reasons given by the trial Court can be summarized as under: (i) The incident took place at 8.00 A.M. According to HC Jaswant Singh (PW -7), the MLR shows his arrival in the hospital at 10.25 A.M. The Investigating Officer Gyas Ram (PW -11) came to the hospital at 4.40 P.M. According to ASI Gurnam Singh, injured was medically examined at 7.00 P.M. According to Gyas Ram (PW -11), he received information about the occurrence at 3.00 P.M. He reached the hospital at 3.15 P.M. He also met Suraj Bhan and Gurnam Singh who were not admitted in the hospital; (ii) The raiding party consisted of five police officers and it was not possible for the accused to cause injuries to them and to have run away from there; (iii) Jaswant Singh had four injuries. Three were simple. No bone injury was found. Section 307 IPC was not attracted. Sword was never sent for laboratory examination. Sword was shown to the doctor after two months. (iv) MLR (Ex.D -8) showed that Harbans Kaur was medically examined at 10.30 A.M. in the hospital. The complainant party was not there. Otherwise, they would have arrested her.;