STATE OF HIMACHAL PRADESH Vs. RAM DAYAL

JUDGEMENT

(1.) THIS is an appeal filed by the State of Himachal Pradesh under Section 378 of the Cr. P.C. against the judgment of the Court of learned Additional Sessions Judge, Mandi, dated 22.4.2003, vide which he acquitted the respondent of the charge framed against him under Section 302 I.P.C.

(2.) BRIEFLY stated, the facts of the case are that on 27.6.1996, at about 9.40 P.M., a rapat was lodged at Police Station Sadar Mandi, by one Gangveer Singh accompanied by Budhi Singh, nephew of deceased Krishna, that today in the morning he had come for work as a labourer in the forest in village Jhakarwan Whether the reporters of Local Papers may be allowed to see the Judgment? Yes. alongwith other labourers. He alleged that he was knowing Krishna Devi wife of respondent. At about 3.10.P.M., an altercation took place between the respondent and his wife Krishna Devi, deceased, who was asked her that she does not do the household work and remains sleeping and he has to clean the utensils also. It was alleged that the respondent was giving beatings with a Danda to Krishna Devi and he and Budhi Singh advised the respondent not to give beatings. He gave two Danda blows on the person of the deceased and left his wife.

(3.) ON appraisal of the report lodged with the police, it is clear that complainant Gangveer Singh PW -2 had made reference to two occurrence, one about 3.10 P.M. when the respondent was quarrelling with the deceased giving her beatings with a Danda and after sometime, again there was a quarrel and the deceased was being dragged by hair and she took some poisonous tablet.