STATE OF HIMACHAL PRADESH Vs. ASHOK KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 29.7.2005, passed by the learned Addl. Chief Judicial Magistrate, Palampur, Distt. Kangra, H.P. in Criminal Case No. 216-II/2001, titled as State of H.P. vs. Ashok Kumr & others, whereby the respondents-accused have been acquitted, the State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 29.7.2001 complainant Smt. Santosh Kumri (PW-1) lodged a report at Police Post, Bhawarna to the effect that the accused person had made demands of dowry and also subjected her to physical harassment and cruelty. Ashok Kumar (accused Whether reports of Local Papers may be allowed to see the judgment? No. 1) is the husband of the complainant, Jagdish Chand (accused No. 2) and Savitri Devi (accused No. 3) respectively are the father and mother of accused No. 1. Police registered F.I.R. No. 207/01 (Ext. PW 6/B), dated 29.7.2001, under the provisions of Section 498-A and 506 both read with Section 34 of the Indian Penal Code, at Police Station Palampur. The matter was investigated by the Investigating Officer Sh. R. S. Pathania (PW-8). With the completion of investigation, challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined eight witnesses and statements of the accused under Section 313 Cr. P.C. were also recorded. In defence accused examined one witness.