Allow Cookies!
By using our website, you agree to the use of cookies
Justice Anoop Chitkara of the Himachal Pradesh High Court dismissed an appeal that challenged the acquittal of respondents-accused. The respondents were accused of beating up the victim. The State (petitioner) sought the conviction of the accused and filed a petition under the provisions of Section 378 of CrPC.
In the present case, the complainant filed an FIR which stated that accused 1 and accused 2 had beaten her up with sticks. The complainant was a farmer. While lopping tea leaves from her own compound, the Accused 1 and Accused 2 approached her with stick and claimed that the land belonged to them. The complainant fearing that the accused would beat her, she ran into her room and said that she did not wish to quarrel. She submitted that if the land belonged to the accused, they could request for a demarcation to be drawn and the complainant would vacate her possession. The accused however barged into her room and started beating her with sticks. Her mother in law was also beaten up.
Medical reports were made and the sticks were gathered from the accused. The Trial Court then started the proceedings after framing charges under the provisions of Sections 451 and 323 read along with Section 34 of the Penal Code. The accused could not show any evidence behind their denial of the charges. The complainant also agreed that they were fighting a civil case against the accused for three years. During cross examination the complainant added that there were more members from both families present during the assault on her.
The HC after hearing both sides dismissed the petition saying that the judgment of the trial court was properly reasoned and accurate. The statement of the sole independent witness, who was a neighbor was appreciated, in which he said that the parties, Nirmala Devi and Seema Devi were at their own residences.
State of H.P. v. Nirmala Devi, Cr. Appeal No. 197 of 2007
86540
103860
630
114
59824