STATE OF H.P. Vs. KANTA DEVI

JUDGEMENT

(1.) THE present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378 (3) of the Code of criminal Procedure in reference to judgment dated 10.02.2006, passed by the Learned Judicial Magistrate, 1st Class, Dharamshala, District Kangra, H.P. in Case No.62-II/2004, acquitting the alleged accused/respondents under Sections 341, 323, 147, 148, 149, 504 and 506 of the Indian Penal Code, in reference to FIR No.121 of 2004, dated 31.05.2004.

(2.) AS per prosecution, complainant Ram Piari of Dharamshala along with her daughter and her husband while extracting the maize, were assaulted by accused persons, where they have received injuries. FIR was lodged and medical examination was conducted by Dr.Naresh Gupta (PW.1). It has also come on record that both the parties were having civil litigation between themselves. As per version of Ram Piari (PW.2) she was assaulted by sticks (Dandas) and kicks, whereas, one assailant /(Neelam Kumari) was pregnant.

(3.) IN my considered view, on analysis of the prosecution witnesses and the medical witness, the learned Judicial Magistrate 1st Class, has rightly arrived at the finding that the prosecution has miserably failed to prove its case beyond reasonable doubt and had rightly given the benefit of doubt to the accused persons and had rightly acquitted all of them.