STATE OF H.P. Vs. MUNI LAL

JUDGEMENT

(1.) THE State of Himachal Pradesh is aggrieved of the judgment of the learned trial Magistrate, whereby respondent Muni Lal, who was tried for the offences punishable under Sections 325, 323 and 506 of the Indian Penal Code on police report, has been acquitted.

(2.) ONE Smt. Kamla Devi lodged a report with the police that on 17.3.1996 at 8.30 p.m., when she went to her khokha to serve tea to her husband, she saw that respondent Muni Lal was trying to outrage the modesty of a girl, to which she objected to and due to such objection, the respondent caught hold of her by her arm and started giving beating, as a result of which one of her upper teeth was broken. Police registered a case and got the lady medically examined. The medical examination showed that there was laceration of upper lip and the tooth just behind the lacerated portion of the lip had broken. On completion of the investigation, report was filed against the respondent. The learned trial Magistrate charged the respondent with the offences, punishable under Sections 325, 323 and 506 of the Indian Penal Code, and ultimately acquitted him with the finding that the evidence is doubtful. Reasons recorded by the learned trial court are that as per version of the complainant, one Prem Chand was also there, but had been withheld by prosecution and two other persons examined by the prosecution as eye witnesses (in addition to the injured) are named in the F.I.R. and are interested witnesses, being close relatives of the injured.

(3.) I have gone through the record and heard the learned Additional Advocate General as also the learned Counsel for the respondent.