STATE OF HIMACHAL PRADESH Vs. SANTOSH KUMARI

JUDGEMENT

(1.) This appeal is filed against an order of acquittal recorded by Additional Chief Judicial Magistrate, Ghumarwin, District Bilaspur, dated February 5, 1997in case No. 394/1 of 1993.

(2.) The Respondents-accused were charged for committing offences punishable under Sections 324, 323 read with Section 34 of the Indian Penal Code ( the Code for short). The case of the prosecution was that on July 30, 1993 at about 4.30 p.m. at village Berthin, PW 1 Ram Swarup was in his quarter. On hearing noise, he came out of the quarter and saw that accused No. 1 (Santosh Kumari) and accused No. 3 (Nikka Ram) had caught hold his wife (PW 2 Pushpa Devi) and were beating her. Pushpa Devi was crying. It was his further case that accused No. 3 Nikka Ram was having a knife in his hand and Pushpa Devi was bleeding. According to the complainant, accused No. 2, Mast Ram also came there. The complainant tried to rescue his wife but accused Nos. 1 and 2 also assaulted him and gave him beating. Meanwhile, PW 3 Bansi Ram, PW 8 Prem Singh and other persons reached at the spot and rescued the complainant and his wife. The matter was then reported to the police by the complainant. Medical examination was conducted. After usual investigation, the charge was framed against, the accused and they were asked to face the trial.

(3.) The case of the accused was of total denial. According to them, they were falsely implicated in the incident. In their further statements under Section 313 of the Code of Criminal Procedure, 1973, they denied of having committed any offence. In reply to the last question, it was stated by all of them that they would lead defence evidence. No defence evidence, however, was led by them.