STATE OF HIMACHAL PRADESH Vs. SARLA DEVI

JUDGEMENT

(1.) ASSAILING the judgment dated 31.8.2005, passed by the learned Judicial Magistrate 1st Class, Nadaun, District Hamirpur, Himachal Pradesh, in Criminal Case No.16 -11 -2002, titled as State v. Sarla Devi and others, whereby respondents -accused Sarla Devi, Asha and Biasan Devi (hereinafter referred to as the accused) stand acquitted, 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 20.12.2011, at about 5.30 p.m., all the accused persons, in furtherance of their common intention, gave beatings to complainant Smt. Manorma Devi (PW -1). Accused Biasan Devi gave blow with a sickle (Ex.P -1), accused Sarla Devi gave blow with a danda (Ex.P -2), whereas accused Asha Devi gave fist blows on the body of the complainant, as a result of which she sustained grievous injuries. Also, with common intention, accused persons hurled abuses on the complainant. Matter was reported to the police, on the basis of which FIR No.11/02, dated 8.1.2002 (Ex. PW -7/A), under the provisions of Sections 325, 323, 504, 34 of the Indian Penal Code, was registered at Police Station, Nadaun, District Hamirpur. Complainant was got medically examined from Dr. Kranti Thakur (PW -4), who issued MLC (Ex. PW -4/A), based on Xray reports (Ex. PW -5/A and 5/B), so proved by Dr. P.C. Verma (PW -5). The matter was investigated by HC Chiranji Lal (PW -8), who conducted investigation on the spot. With the completion of investigation, which revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) ACCUSED were charged for having committed an offence punishable under the provisions of Sections 323, 325 and 504, all read with Section 34 of the Indian Penal Code, to which they did not plead guilty and claimed trial.