STATE OF HIMACHAL PRADESH Vs. PARAM JEET SINGH

JUDGEMENT

(1.) This is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of learned Additional Sessions Judge-II, Kangra at Dharamshala, dated 8.9.2003, vide which he acquitted the respondent of the charge framed against him under Sections 307, 323 and 506 I.P.C.

(2.) Briefly stated, the facts of the case are that on 5.5.2002, at about 11.25 p.m., Darshna Devi accompanied by one Smt. Sita Devi came to the Police Station and lodged a report. She alleged that today at 8.00 p.m. she and her daughter Pooja Devi after harvesting the crop came back to their house. Accused her son, came under the influence of liquor, started quarrelling with her and gave filthy abuses. He thereafter gave her beatings with fist and legs and he pulled her Chuni and put it around her neck and she rescued herself. She raised an alarm and then Smt. Sita Devi came there, who rescued her from the clutches of the accused. On this report, a case was registered. After medical examination and on completion of the investigation, the challan was filed before the Court of learned Additional Chief Judicial Magistrate, Nurpur, who committed the case to the Court of learned Sessions Judge, who assigned the case to the Court of learned Additional Sessions Judge(II), Dharamshaa, who tried the respondent as detailed above, leading to his acquittal.

(3.) We have heard the learned counsel for the parties and have gone through the record of the case.