In the court of Ld.
Additional Session’s Judge
Ghumarwin, Distt. Bilaspur H.P.
Roshan Lal s/o Sh. Sukhia Ram age 80 years r\o Village &
P.O. Ladda P.S. Bharari Tehsil Ghumarwin Distt. Bilaspur
H.P. Appellant/ complainant…..
Versus
1. Nand Lal s/o Sh. Sukhiya
2. Sunil Kumar s/o Sh. Nand Lal
3. Jai Kumari s\o Sh. Nand Lal
4 Meena Kumari w/o Sh. Nand Lal
All r\o Village & P.O. Ladda P.S. Bharari Tehsil Ghumarwin
Distt. Bilaspur H.P. Respondents/Accused….
5. The State Of H.P.
Prof. Respondent…
Criminal Appeal under Section 378 of Cr.P.C. against the
Judgment of acquittal dated 13-12-2023 passed by the Ld.
A.C.J.M court No.1 Ghumarwin Distt. Bilaspur H.P. in
case no. 232/1 of 2016 titled as State of H.P. Versus Nand
Lal etc. whereby the accused/respondents have been
wrongly and illegally acquitted of the charges under
section 323,325,506 (Part –II ) and 201 ( Part –III) R/w 34
of I.P.C.
_________________________________________________
Hon’ble sir,
That the appellant / complainant submit as under:
Briefly stated the facts of the complaint are that on 12-06-
2016 at about 10.00 A.M. the complainant at place Ladda the
accused in furtherance of common intention of each other
voluntarily caused simple hurt to complainant Roshan Lal by
way of giving beatings to him. That on the aforesaid date ,
time and place, the accused persons in furtherance of common
intention of each other voluntarily caused grievous hurt to the
complainant Roshan Lal by way of giving beating to him with
stick and hoe and also criminally intimidated complainant
Roshan Lal by advancing life threats to him and also
destroyed the evidence by throwing away the stick and used
as weapon of offence which could not be recovered thereafter
and thereby had done away with the same , thus caused
certain evidence connected with the said offence to disappear
thereafter the matter was reported to the police by the
complainant and police has lodged rapat no. 18 in the daily
dairy and on the basis of such F.I.R no. 91/2016 dated
08.08.2016 was registered against the accused persons and the
police has recorded the statement of the witnesses collected
the MLC and prepare the spot map thereafter police has
presented the final report under section 173 of Cr.P.C. after
that the court has took cognizance and after that the charge
under 323,325, 506 (Part –II) and 201 (Part –III) R/w 34 of
I.P.C. framed against the accused person thereafter and after
the trail the accused persons was wrongly and illegally
acquitted from the aforesaid offences.
Being aggrieved and dissatisfied from the judgment dated 13-12-
2016 The appellant/ complainant prefer this appeal on the
following grounds amongst others:-
i) That the impugned judgment dated 13/12/2016 is
unsustainable in the eye of law and liable to set-aside
and accused are liable to be punished. The certified copy
of the judgment dated13/12/2016 is attached herewith.
ii) That the Ld. Lower court erred in acquitting the accused
persons despite the existence of legal proofs and cogent
evidence against them on record.
iii) That the findings arrived at are the unreasonable,
illogical, and untenable in the eyes of law. The Ld.
Lower Court has not given the ample opportunity to the
complainant to lead the evidence after framing the
charges.
iv) That the judgment is one sided judgment and not
balanced judgment and deserve to set aside and the
accused persons liable to be punished.
v) That all the complainant witnesses have fully supported
the case but the Ld. court has not appreciated the
evidence of complainant properly just to acquit the
accused persons.
vi) That the findings on point No.1 to 4 are wrong and
contradictory and no findings in the eye of law hence
the judgment deserves to be set aside and the accused
persons liable to the punished.
vii) That the legal prepositions in the case were ignored only
to give the undue benefit to the accused persons for their
acquittal.
viii) That since the undue benefits have been given by the
Ld. Lower court to the accused.
ix) That the Ld. Court below has ignored the fact that the
admission made by the respondents/accused.
x) That the finding of the trail court are wrong and contrary
to the facts and record on file.
xi) That from the complainant evidence and findings of the
court below, no suspicions has been narrated in the
prosecution story, hence the acquittal is unwarranted
under law.
xii) That the oral as well as documentary evidence has been
mis- interpreted on record.
xiii) That there was clear object of unlawful assembly of the
accused persons on spot who wanted to grab the rights
of the complainant forcibly and muscle powers. Because
there is no concern of the accused persons in village
where the occurrence has been took place.
xiv) That this Ld. Court has jurisdiction to hear and decide
the appeal.
xv) That the proper court fee has been affixed on the appeal.
PRAYER:-
It is therefore respectfully prayed before the
Hon’ble court that the judgment dated 13/12/2016 passed by the
ld. lower court in case title as State of H.P. Versus Nand Lal etc.
may kindly be set-aside and the appeal of the appellant may
kindly be accepted and the accused persons may kindly be
punished in the interest of justice and justice be done.
Ghumarwin;-
Dated: 02.08.2024 Appellant/Complainant…
Through Counsel
In the court of Ld. Additional Session’s Judge Ghumarwin,
Distt. Bilaspur H.P.
Roshan Lal s/o Sh. Sukhia Ram age 80 years r\o Village &
P.O. Ladda P.S. Bharari Tehsil Ghumarwin Distt. Bilaspur
H.P. Appellant/ complainant…..
Versus
1. Nand Lal s/o Sh. Sukhiya
2. Sunil Kumar s/o Sh. Nand Lal
3. Jai Kumari s\o Sh. Nand Lal
4 Meena Kumari w/o Sh. Nand Lal
All r\o Village & P.O. Ladda P.S. Bharari Tehsil Ghumarwin
Distt. Bilaspur H.P. Respondents/Accused.
5. The State of H.P.
Prof. respondent….
Application under section 5 of limitation Act.
Hon’ble sir,
That the applicant submits as under:
1. That the applicant has filed an appeal against the judgment
dated 13/12/2016 passed by the Ld. A.C.J.M court No. 1
Ghumarwin, Distt. Bilaspur H.P.
2. That the complainant was unable to appear before the Ld.
Lower court on each and every hearing due to his health
issues.
3. That the applicant has no knowledge about the acquittal
order dated 13.12.2016 passed by the Ld. ACJM
Ghumarwin Distt. Bilaspur H.P. and when he has received
the letter dated 29.02.2024 from the prosecution
department on 09.04.2024 thereafter the applicant enquired
about the matter and also applied the copies of the relevant
records on dated 19.04.2024 after preparation of records
has received the copies of the order 13.12.2016 on
dated09/05/2024.
4. That thereafter the applicant fell ill and remained under
treatment hence the present application seeking
condonation of delay in filing the appeal
5. That the appellant / applicant has not filed this appeal
beyond the limitation period knowingly, deliberately and
intentionally but due to the aforesaid reasons filed the
appeal before the Ld. court.
6. That the there is no prejudice to the other party if the
application will allowed.
7. That the Ld, court has jurisdiction to hear and decide the
application.
8. That the proper court fee affixed on the application.
An affidavit in support of application duly attested attached
herewith.
PRAYER:-
It is therefore respectfully prayed before the Hon’ble court
that the application may kindly be allowed and the appeal may
kindly treated in limitation in the interest of justice and justice be
done.
Ghumarwin;- Applicant
Dated: 02/08/2024
Through Counsel
In the court of Ld. Additional Session’s Judge Ghumarwin,
Distt. Bilaspur H.P.
In the matter of: Roshan Lal Versus Nand Lal etc.
Affidavit in support of appeal/application.
I Roshan Lal s/o Sh. Sukhia Ram age 80 years r\o Village &
P.O. Ladda P.S. Bharari Tehsil Ghumarwin Distt. Bilaspur H.P.
deponent do hereby solemnly affirm and declared on oath as
under:-
1. That the accompanying plaint/application has been drafted
on my instance and I am fully conversant to the contents of
the same which are true and correct to the best of my
knowledge and beliefs no part has been concealed
therefrom.
2. That the contents of the para no. 1 of this affidavit are true
and correct to the best of my knowledge and beliefs no part
has been concealed therein.
Signed and verified at Ghumarwin on dated ……
Deponent..
