State Of Chhattisgarh vs Punaram Sahu

The instant Acquittal Appeal has been preferred by the State against the judgment of acquittal dated 14.03.2013 passed by the Judicial Magistrate First Class, Raipur in Criminal Case No.304/2012, acquitting the respondents from the offence under Sections 294, 506-II and 323 IPC.

The prosecution story in brief is that, on 04.07.2012 at about 10 PM when the complainant was talking to her mother in law Ishwari Bai, PW-2 in front of her house, the respondents abused the complainant Malti Bai, PW-1 in the name of her sister and mother by using filthy language. The house of complainant was in front of the house of the accused. The accused pushed the complainant, beaten her by hand and fist and also threatened to kill. A complaint was lodged before the Police Station Abhanpur and the accused were arrested. During the course of trial, charges were framed under Sections 294,323 and 506/34 IPC, read over and explained to the accused who abjured their guilt.

The trial court after considering the evidence adduced by both the parties vide its judgment impugned acquitted the accused from the aforesaid offence, leading to filing of this Acquittal Appeal.

Assailing the impugned judgment of acquittal, the counsel for the applicant submitted that the acquittal of accused persons is bad in law. The court below has not properly appreciated the evidence which have been adduced on behalf of the prosecution and have granted acquittal to the respondents. Therefore, grant of acquittal to the accused is bad in law and deserves to be set aside. The prosecution has proved its case beyond all reasonable doubts. Therefore, the judgment of acquittal passed in favour of accused needs interference.

I have heard the counsel appearing for the parties and perused the records.

The complainant Malti, PW-1 has not stated what specific abusive and filthy word has been used by the accused persons. The complainant has not clarified the obscene words used by the respondent. Both the witnesses i.e. PW-1 and PW-2 have also failed to explain as to whether the respondents have caused any irritation to the applicant or anyone else by using such obscene language.

The complainant has also alleged that the respondents have assaulted them but independent witnesses Mohan Sahu, PW-3 and Ramchandra Sahu, PW-4 have not supported the case of prosecution. Rather, they have stated that they do not know anything about the incident. Further, no medical evidence has been adduced by the prosecution as Doctor has not been examined to prove the injury / assault alleged to have been caused by the respondents to the complainant and her mother in law Ishwari Bai, PW-2. It also transpires from the record that there was previous enmity between both the parties and only on the basis of interested witnesses i.e. PW-1 and PW-2 charges levelled against the accused cannot be held to be proved. All these facts would go in favour of the respondents accused.

Thus, in the given facts and circumstances of the case, this court has no hesitation in reaching to the conclusion that the court below has not committed any illegality or infirmity while reaching to the conclusion of acquittal of the respondents-accused from the commission of offence under Sections 294, 506-II and 323 IPC.

The appeal being devoid of merit is liable to be and is hereby dismissed.