The appellate court upheld the trial court's acquittal ruling due to inconsistencies in witness testimonies and absence of corroborative medical evidence, emphasizing the principle of reasonable doubt in criminal cases.

JUDGMENT :

Rajesh Kumar, J.

1. Heard learned counsel the appellant; learned A.P.P. representing the State and the learned counsel for the respondent no.2 to 7.

2. The present appeal has been preferred against the judgment of acquittal dated 06.04.2022 passed in SC/ST Case No. 12 of 2018 arising out of Complaint Case No. 773 of 2017 by the learned District & Additional Sessions Judge-1^st cum Spl. Judge, Godda, whereby the respondent nos. 2 to 7 have been acquitted of the charges under Sections 323, 504 and 506 of the I.P.C.

3. The criminal law has been put into motion on lodging a complaint dated 30.10.2017 by the complainant- Renu Devi being Complaint Case No. 773 of 2017 before the Court of Judicial Magistrate 1^st Class, Godda.

The brief story as per the complainant is that on the day of occurrence in the evening about 4 p.m. she was cutting grass half kilometer away from her village near government ‘pokhar’, where accused Most. Manorama Devi came and hurled abuses by saying “Sali Dusadhir” and asked her as to why she is cutting the grass inside her field and snatched her katchiya and started to throw her cutting grass in the ‘pokhar’. On which complainant stated that she is cutting the grass in govt. land, then accused started to rustling and jostling. When complainant went towards her house, then the accused threatened her to see on her house. At about 6 p.m. all the accused persons came lashed with lathi, danda and abused the complainant by saying ‘Bhosdi Dushadhi’ and asked her to come out of her house otherwise they would beat her by entering into the house. Thereafter, the accused dragged out her by holding her hair and threw her on the ground. They also tried to press her throat. Accused persons badly assaulted her by legs, fists and lathi-danda. When witnesses came to save her, then accused persons also assaulted them. Accused persons also assault her by saying ‘daain’. They also torn the clothes of the complainant and her mother-in-law. All the accused persons spit on the face of complainant and her mother-in-law. By intervention of people, matter pacified and accused persons also threatened her of dire consequence if she file any complaint. During the quarrel complainant and her mother-in-law sustained injury. When the complainant went to file case in the police station, then officer in- charge sent her to Godda Sadar hospital for treatment. Thereafter, she has filed the case.

4. On the basis of complaint petition the inquiry done by the court and after inquiry the cognizance was taken on 07.03.2018 under Section 323,504,506 IPC and Under Section 3(1)(r)(s) of SC/ST Act against accused Baski Tanti, Upendra Tanti, Mira Devi, Vikram Tanti, Manorama Devi and Amar Tanti.

5. The charges were framed against the accused persons on 20.01.2020 under Section 323, 504 and 506 of the I.P.C. The charges were read over and explained in Hindi to the accused persons, to which they pleaded not guilty and claimed to be tried.

6. To substantiate the charge altogether two prosecution witnesses examined / cross examined in the court i.e., P.W.1 Raja Devi and P.W.3 Renu Devi, complainant herself.

I. P.W.1 - Raja Devi is the mother-in-law of the complainant. She has deposed in her examination -in-chief that the complainant has lodged complaint against six accused persons. She has stated that incident occurred 9 months age. She has supported the testimony of the complainant. In her cross examination she has stated that dispute is related to cutting of grass and she learnt about 6.00 p.m. that complainant was cutting grass in other’s field.

II. P.W.3 - Renu Devi – She is the complainant herself. She has deposed in her chi