Statement of Sole independent witness sufficient enough to decide a case

Shubhani Mittal | Vivekananda Global University | 7th January 2020

State Of Himachal Pradesh vs Nirmala Devi & Another Cr. Appeal No. 197 of 2007

FACTS-

An FIR was filed by the complainant, Smt. Soma Devi, who was a farmer alleged that while she was lopping tea leaves from her own compound, Nirmala Devi (Accused No.1), accompanied with Seema Devi (Accused No. 2), approached her with a bamboo stick and claimed that the land belonged to them. On the suspicion that the accused was going to beat her, she ran into her room and requested that she did not wish to quarrel. She submitted that if the land belonged to the accused, they could request for demarcation to be drawn and the complainant would vacate her possession. The accused however barged into her room and started beating her with sticks. On hearing her scream, her mother-in-law intervened and tried to save her. While she was trying to rescue her, she was also beaten up and eventually sustained injuries on her body. The medical examination of the complainant and the mother in law was conducted and the sticks were taken into possession from the accused.

The trial court framed charges under Sections 451 and 323 both read with 34 of Penal Code. The accused denied all the charges and claimed innocence, but they didn’t produce any evidence in the defence. During cross-examination, the complainant added that this was the third time they gave her beatings and a civil case was going on between them since 3 years. Balwant Singh, who was the sole independent witness stated that he quarrel did not take place in his presence and Nirmala Devi and Seema Devi were at their residences in the evening. Balwant Singh, retired from Indian Army, was a neighbour of both of them and there is no reason to disbelieve his evidence.

Judgement-

The High Court dismissed the appeal after hearing both sides and explained that the judgment of the trial court was well-reasoned and was based on correct, complete and proper appreciation of evidence provided by the sole independent witness of the case who was the neighbour of the parties, who had stated that the accused Nirmala Devi Seema Devi were in their houses.