GIAN DEI Vs. JAI KISHAN

JUDGEMENT

(1.) The complainant has assailed the judgment passed by the learned Sessions Judge, Bilaspur, H.P. dtd. 3/6/2009, acquitting respondent No.1-Jai Kishan, from the charges leveled against him under Ss. 451, 323, 325, 405 and 506 of Indian Penal Code.

(2.) I have heard learned counsel for the parties and gone through the record.

(3.) The appellant in her statement recorded on 2. 07.2001 under Sec. 154 of Code of Criminal Procedure stated that while she was placing fodder for her cattle, the daughters of respondent No.1-Jai Kishan started spitting on her from the window of their house. The complainant asked them not to do so. Upon this, respondent No.1-Jai Kishan came to the spot, holding a danda (stick) in his hand and abused the complainant. She further alleged that respondent No.1-Jai Kishan assaulted her with the stick on her hand. This caused injuries to her finger. Respondent No.1-Jai Kishan also bit her head and dragged her from her hair. Upon raising alarm, one Ishro Devi came to the spot alongwith other villagers and rescued her. Learned Trial Court convicted the respondent vide judgment dtd. 25/5/2007 and sentenced him to undergo simple imprisonment for two months.