Point of Law: Power and An appellate Court on Evidence - The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate Court on the evidence before it may reach its own conclusion, both on questions of fact and of law.

JUDGMENT :

By way of instant appeal, State has taken exception to judgment of acquittal dated 24.04.2010, passed by learned Judicial Magistrate First Class, Court No-2, Ghumarwin, District Bilaspur, H.P,. in Criminal Case No. 8/2 of 2008.

2. On 19.02,2008, at about 2:15 PM, FIR was registered at Police Station Bharari, District Bilaspur, H.P. at the instance of complainant Joginder Singh (PW-1) alleging inter alia that on 18.02.2008, at about 8:30/8:45 PM, he was on way to his home. Accused Kartar Singh blamed him for having stolen his pipes. The complainant refuted the allegation, but accused Kartar Singh came with a stick in his hand, obstructed the path of complainant and gave him beatings with stick. Kuldeep Singh and Kala Devi also came on spot and they also gave beatings to the complainant with fists and kicks. Kartar Singh gave a stick blow on left hand of the complainant. He was threatened and when he raised alarm, the mother and uncle of the complainant reached the spot and saved the complainant. The complainant had received injuries. After investigation, the challan was presented. Prosecution examined total nine witnesses. Complainant was examined as PW-1. The mother and uncle of the complainant were examined as PW-2 and PW-3, respectively. PW-4, Dr. Bhanu Kanwar was examined to prove the MLC. PW-5, Dev Raj Sharma, Radiographer, proved the X-Ray report Ext. PW5/A. PW-6 to PW-8 were the police officials. Lastly, PW-9 was examined as Investigating Officer.

3. Respondents-accused were examined under Section 313 of Cr.P.C., they did not lead any defence evidence. Respondents were acquitted by learned Trial Court, hence the present appeal.

4. I have heard learned Additional Advocate General for the appellant as well as learned counsel for the respondents and have also gone through the record.

5. Complainant, while being examined as PW-1 had stated that he was given beatings by accused persons as also the wife of accused Kartar Singh. He did not remember the date of incident. According to PW-1, none other had come on the spot. He, however, clarified that his mother had reached the spot on hearing the commotion and then he alongwith his mother had visited police station where FIR Ext. PW1/A was registered. He further stated that accused persons had threatened him of life. He was medically examined at Bharari Hospital. In cross-examination, PW-1 stated that he had consulted his villagers before appraoching the police. He admitted that nothing had been recovered by police in his presence. He further stated that first of all, he was beaten by Kartar Singh and seven injuries were inflicted on him with stick. Kuldeep Singh had inflicted 4-5 injuries on him with stick and 3-4 injuries were inflicted by Kala Devi. He stated that none had come on the spot even after hearing his commotion. He denied that the injuries were suffered by him as a result of fall. PW-2, Smt. Satya Devi is the mother of complainant. She stated that about one year prior to making of her statement in the Court, at about 9:00 PM, she and Hoshiar Singh ran towards the spot on hearing commotion, but they came back as noises had stopped. In the meanwhile, PW-1 Joginder Singh met her, who was injured. He had fractured his hand. PW-1 had disclosed her that accused persons and Kala Devi had given him beatings with sticks. In cross-examination, PW-2, admitted that houses of Baldev, Laxman, Lekh Ram, Ishwar Dass and Jagdish were adjacent to the house of accused persons. She also stated that her house was at the distance of ½ Kilometers from the house of the accused. The commotion was heard by many other people. She admitted that she had not noticed the altercation. As per PW-2, her son had suffered 15-20 injuries. PW-3, Hoshiar Singh stated that about 5-6 months before his making statement in the Court, he was asleep in the night. His sister-in-law (Bhabhi) Satya Devi came to him and disclosed that there was some commotion. In the meanwhile, PW-1, Joginder Singh arrived a