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2017 DIGILAW 145 (HP)

State of H. P. v. Bhag Singh

2017-03-08

SURESHWAR THAKUR

body2017
JUDGMENT : Sureshwar Thakur, J. The instant appeal stands directed against the impugned judgement of acquittal recorded by the learned Chief Judicial Magistrate, Hamirpur, H.P. whereby it pronounced an order of acquittal qua the accused qua the offences allegedly committed by him. 2. The brief facts of the case are that Pawan Kumar was filling water by the side of road adjacent to his cow shed when Bhag Singh came and told Pawan Kumar that latter had got his name registered in Antodaya, whereas he was not eligible for the same. Pawan Kumar replied that he was a poor person and working as a labourer. Bhag Singh started abusing Pawan Kumar and said that he was depriving the other eligible persons of their rights. The accused picked up a bamboo stick and inflicted injuries on the head of Pawan Kumar. Kunti Devi and Asho Devi rescued the complainant from the accused. The injured was carried to the hospital and an intimation was given to the police to which an entry in the daily diary was recorded. Medical examination of Pawan Kumar was conducted by doctor Parveen Kumar who found injuries on his person. The nature of injuries was stated to be grievous and on the basis of this opinion MLC was issued. F.I.R Ext.PW-6/A was registered on the basis of the entry in the daily diary. Investigations were conducted by PW-6 Guler Chand. Statement of witnesses were recorded as per their version and after completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court. 3. A charge stood put to the accused by the learned trial Court for his committing offences punishable under Sections 325, 341, 504 of IPC to which he pleaded not guilty and claimed trial. 4. In order to prove its case, the prosecution examined 8 witnesses. On closure of prosecution evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure, was recorded in which he pleaded innocence and claimed false implication. He chose to lead evidence in defence. 5. On an appraisal of the evidence on record, the learned trial Court returned findings of acquittal in favour of the accused. 6. On closure of prosecution evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure, was recorded in which he pleaded innocence and claimed false implication. He chose to lead evidence in defence. 5. On an appraisal of the evidence on record, the learned trial Court returned findings of acquittal in favour of the accused. 6. The learned Deputy Advocate General has concertedly and vigorously contended qua the findings of acquittal recorded by the learned trial Court standing not based on a proper appreciation of evidence on record, rather, theirs standing sequelled by gross mis-appreciation of material on record. Hence, he contends qua the findings of acquittal warranting reversal by this Court in the exercise of its appellate jurisdiction and theirs standing replaced by findings of conviction. 7. The learned counsel appearing for the respondent has with considerable force and vigour contended qua the findings of acquittal recorded by the Court below standing based on a mature and balanced appreciation of evidence on record and theirs not necessitating interference, rather theirs meriting vindication. 8. This Court with the able assistance of the learned counsel on either side has with studied care and incision, evaluated the entire evidence on record. 9. With user of Danda recovered under memo Ext.PW-3/A, the accused allegedly delivered blows on the person of the victim. In sequel thereto as pronounced in Ext.PW-8/A, the victim sustained injuries. PW-8 in his deposition has therein underscored qua the injuries occurring on the person of the victim/injured, injuries whereof thereon stand testified by him to be causable by user of Danda. Also the victim/injured deposing in conformity with the genesis of the prosecution case embodied in the apposite F.I.R held in Ext.PW-6/A constrains the learned Deputy Advocate General to contend with vigour qua the prosecution proving charges against the respondent. 10. However, the submission addressed herebefore by the learned Deputy Advocate General stands enfeebled by the factum of (a) the accused in his defence depending upon Ext.DW-1/A wherewithin unfoldments stand held qua the occurrence qua which he faced trial. (b) His under Ext.DW-1/A hence also lodging an F.I.R. with the Police Station concerned qua it, time of lodging whereof, is, palpably earlier vis-a-vis the time of lodging of the F.I.R by the complainant. (b) His under Ext.DW-1/A hence also lodging an F.I.R. with the Police Station concerned qua it, time of lodging whereof, is, palpably earlier vis-a-vis the time of lodging of the F.I.R by the complainant. The aforesaid factum when stands blended with the factum of the accused respondent, as reflected in Ext.DW-3/A sustaining six injuries on his person, injuries whereof stand pronounced by DW-3 to be causable thereon by user of Danda and fist blows fillips, hence galvanizes an imminent inference qua in the scuffle occurring inter se the accused/respondent with the victim/complainant in course thereof each inflicting injuries on the person of the other. However, apparently the Investigating Officer despite his receiving an information qua the relevant incident from the accused/respondent apposite information whereof held in Ext.DW-1/A stood purveyed at a stage earlier than the victim/complainant lodging an F.I.R, qua the incident, did not thereupon proceed to hold a fair investigation comprised in the factum of his proceeding to take the accused herein before the doctor concerned for facilitating the latter to hold his medical examination whereupon it appears qua his holding a collusion with the victim/complainant herein for facilitating the success of the F.I.R. lodged by the latter also for benumbing the success of the F.I.R lodged earlier qua the relevant occurrence by the accused vis-a-vis the F.I.R. lodged by the victim with him. The aforesaid factum stands vividly marked by the Investigating Officer ultimately as submitted by the learned Deputy Advocate General, on concluding investigation with respect to F.I.R borne in Ext.DW-1/A, his furnishing an apposite report before the Magistrate concerned where within he proposes qua the F.I.R borne on Ext.DW-1/A warranting its standing cancelled. The further effect of the Investigating Officer not holding a fair and an impartisan investigation qua the occurrence is qua hence a smothered version qua the occurrence propounded in the F.I.R hence whereon alone the Investigating Officer held investigations, hence holding no creditworthiness. 11. Be that as it may, the Investigating Officer for securing success qua the prosecution case apparently appears to invent an independent witness (PW-4) to the relevant occurrence, PW-4 the mother of the victim/injured perse is construable to be an invented or a contrived witness to the occurrence imperatively when the cause qua eruption of the relevant scuffle inter se the victim with the accused stands communicated by her in terms discordant with the one propounded by the victim injured. Discordance inter se the version of the complainant vis-a-vis the version of PW-4 qua the cause qua the eruption of a scuffle inter se the victim and the accused emerges from the factum of the complainant in his deposition disclosing therein qua at the relevant site of occurrence, the accused/respondent approaching him whereat his making a protest qua the victim injured while holding no eligibility to secure the enlistment of his name in the Antodaya Pariwar Register, his yet ensuring his name standing enlisted therein, protest whereof of the accused qua the aforesaid factum though stands communicated by PW-2 to stand replied by him qua his relevant enlistment ensuing from the factum of his being a poor person whereas in stark discordance thereof PW-4 underlines in her deposition qua her making an inquiry from the accused qua the reason prevailing upon him for deleting the name of the complainant from the list prepared under the IRDP scheme, in sequel thereto, she deposes qua the accused proceeding to inflict an injury on the person of the accused whereupon an inference stands enhanced qua the Investigating Officer for hence ensuring the success of F.I.R borne on Ext.PW-6/A his inventing a purported independent witness thereto whereupon the entire genesis of the prosecution case comes under a cloud rendering it to be unbelievable. 12. Nowat, even though a bamboo stick stood recovered under memo Ext.PW-3/A yet the efficacy of its recovery thereunder besides its user on the person of the victim stands benumbed preeminently when PW-4 a purported eye witness to the occurrence at the stage contemporaneous to the recording of her deposition whereat Ext.P-1 stood shown, hers denying qua it constituting the purported weapon of offence, with user whereof the accused inflicted injuries on the person of the victim. Also thereupon it stands concomitantly concluded qua her deposition holding a purported ocular account qua the occurrence being not amenable for its standing construed to contain an inviolable ocular account thereof. 13. Also thereupon it stands concomitantly concluded qua her deposition holding a purported ocular account qua the occurrence being not amenable for its standing construed to contain an inviolable ocular account thereof. 13. For the reasons which stand recorded hereinabove, this Court holds that the learned trial Court has appraised the entire evidence on record in a wholesome and harmonious manner apart therefrom the analysis of material on record by the learned trial Court does not suffer from any perversity or absurdity of mis-appreciation and non appreciation of evidence on record, rather it has aptly appreciated the material available on record whereupon its judgement warrants no interference. 14. In view of the above, I find no merit in this appeal, which is accordingly dismissed. In sequel, the impugned judgement is affirmed and maintained. Record of the learned trial Court be sent back forthwith.