STATE OF H.P. Vs. SUDH SINGH

JUDGEMENT

(1.) THE State challenges the acquittal of the Respondent for offences under Sections 498A, 323 and 506 I.P.C.

(2.) THE prosecution case is that Respondent -Sudh Singh was married to complainant -Surjit Bhatia about fifteen years prior to the alleged occurrence. Relations were initially cordial but lateron differences developed between the parties when the Respondent started ill -treating her at the behest of one "Baby" wife of Karamjit Singh with whom he had developed illicit relations. The case was patched up on number of occasions but ultimately, the parties separated, the complainant is living with one of his son Anubhav and two children are with the Respondent.

(3.) IN order to prove this case, the prosecution has produced as many as nine witnesses. PW1 Rakesh Kumar and PW6 Gopal Dass were the purported eye witnesses who have resiled from their statement under Section 161 Code of Criminal Procedure and state that no quarrel took place in their presence. Both these witnesses were subjected to searching cross -examination but I do not find anything in their statements which would in any manner implicate the accused.