STATE OF HIMACHAL PRADESH Vs. KISHAN SINGH

JUDGEMENT

(1.) ASSAILING the judgment dated 12.01.2006, passed by learned Judicial Magistrate 1st Class, Court No.1, Paonta Sahib, District Sirmour, H.P. in Cr. Case No. 28/2 of 2002/01, titled State of H.P. Versus Kishan Singh and others, whereby respondents -accused stand 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 complainant Sucha Singh, who is a resident of village Nariwala had rented accommodation of one Smt. Janki Devi. Complainant's daughter Smt. Soni Devi was kidnapped by one Shri Hem Raj. Complainant searched for her, brought her back and got her married to a person outside the village on 25.4.2001. As such, residents of village Nariwala nursed a grudge against him. On 27.4.2001 at about 9.45 p.m., while the complainant was sitting with his family members in his house, in the presence of other occupants of the building, accused Kishan Lal, Jai Prakash, Hem Raj, Poma and Prem trespassed and gave him beatings with a stick. Accused Jai Prakash also outraged the modesty of Smt. Janki Devi. Smt. Gurmeet Kumar, wife of the complainant, came to their rescue. Complainant informed the police, who rushed to the spot, where his statement (Ex. PA) under Section 154 of Cr.P.C was recorded, on the basis of which, FIR No. 165/2001 dated 27.4.2001 (Ex. PW -11/D) was recorded at Police Station, Paonta Sahib. With the completion of investigation, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as 12 witnesses and statements of the accused person under Section 313 of Code of Criminal Procedure also recorded. They pleaded false implication. In defence, accused examined two witnesses.