STATE OF H P Vs. SANJAY KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 26.02.2004, delivered by the learned Judicial Magistrate, 1st Class (II), Dehra, District Kangra, H.P., whereby he acquitted the accused of having committed offence punishable under Sections 326 and 323 of the Indian Penal Code.

(2.) THE prosecution story, in brief, is that on 11.09.2000 at around 6:20 p.m., PW-2, complainant Swarna Devi alongwith her daughter PW-3, Bindu Sharma, was Whether the reporters of the local papers may be allowed to see the judgment? Yes. returning to her house after working in the fields. They were accosted by the accused, who asked them not to use the path on which they were walking. The complainant asserted that the path was a thoroughfare. On this, the accused pushed the complainant and thereafter took her drati (sickle) from the fields and dared her to raise her voice and when the complainant was climbing up on the beed (raised portion dividing the fields), the accused attacked her with the drati, causing injuries on her back and on the index finger of the left hand. According to the complainant, when she raised an alarm, her daughter Bindu Devi and Dinu Gujjar came and rescued her from the clutches of the accused. On this basis, an F.I.R. was lodged and the complainant was got medically examined. The drati was recovered at the instance of the accused and other codal formalities were completed. Thereafter, the accused was charged with having committed the offence aforesaid. The accused pleaded innocence and claimed trial. The learned trial Court has acquitted the accused, hence this appeal by the State.

(3.) THE learned trial Court after considering the entire evidence, has rightly acquitted the accused. We, therefore, find no merit in this appeal, which is according dismissed. Bail bonds are discharged.