Sc No.:27650/16 State vs . Prem Nath & Ors. Page No.1/37 on 27 September, 2018
23. Coming to the ingredients of Section 452 IPC, I am of the
considered opinion that testimonies of any of the prosecution witnesses
do not inspire their confidence. If the story of prosecution, as mentioned
in the charge-sheet is believed to be correct, the shop of complainant
Govind is not very big. The road outside the shop of complainant Govind
is also stated to be not very wide and it is alleged to be having a breadth
of about 8/9 feet which is more or less like a street. If considering the
entire facts and circumstances of the place where the incident had taken
place, then not many persons can gather at the place in and around the
shop of complainant Govind. Keeping in mind the geographical situation
of the shop of Govind and adjoining road / street as alleged, this fact is
also not disputed by the prosecution and accused persons. More so, it
has been alleged by PW-6 Govind that on the day of incident i.e.
13.03.2013, he was getting his shop repaired and some labour / mason
were also present in the shop. During final arguments, it is stated that at
that time, the repair work was going on and some raw material and
equipments of labour were also lying in his shop. It has been alleged by
SC no.:27650/16 State Vs. Prem Nath & Ors. Page no.16/37
PW-6 Govind that he was sitting on a chair at that time when accused
Shyam Sunder came there alleging that he would dance there. Similar
facts have been alleged by PW-5 Poonam who is stated to be the wife of
PW-6 Govind, however, there is a contradiction which, in my considered
opinion, is material, that it was she who was sitting on the chair when
accused Shyam Sunder came there on the pretext of dancing and kicked
her chair. The story narrated by complainant seems to be further
weaken by the premise that the shop in question was not very big and
as repair work was already going on there and some persons were also
present there, hence, not much space was left for any other person to
come to the shop. The dancing there, therefore, seems to be highly
improbable as alleged by complainant Govind.