STATE OF H.P. Vs. SUNDER

JUDGEMENT

(1.) IN this appeal filed under Section 378(4) of Code of Criminal procedure, the State has assailed the judgment dated 29.10.2005, passed by learned Judicial Magistrate, 1st Class, Solan, District Solan, H.P in Criminal Complaint No. 54/S/2 of 2000/1996 titled as State of H.P versus Sunder & others, whereby the accused persons have been acquitted for having committed an offence punishable under Section 193 of Indian Penal Code.

(2.) RAKSHA Devi, during the pendency of proceedings filed an application under Section 408 of Code of Criminal Procedure. In response thereto, the present accused filed reply, duly supported by their individual . affidavits.

(3.) IT is argued that averments to the effect that entries were got struck off under the influence of husband of original petitioner, who was acting as Halqua Patwari, are false and accused, on oath have made a false declaration.