STATE OF HIMACHAL PRADESH Vs. BIMLA DEVI

JUDGEMENT

(1.) THE present appeal has been filed by the State of Himachal Pradesh (hereafter referred to as 'the appellant'), having been aggrieved by the judgment of learned Additional Chief Judicial Magistrate, Ghumarwin, District Bilaspur, in Case No. 24/1 of 1996, decided on 30-3-1999, whereby accused Bimla Devi alias Bhago Devi (hereafter referred to as 'the respondent') has been acquitted of the offence under Section 325 of the Indian Penal Code.

(2.) BRIEFLY stated, the case of the prosecution is that on 4-1 -1995 at about 4 p.m. at village Hambot, respondent Bimla Devi caused grievous hurt to Janki Devi (P.W. 2). The matter was reported to the police by Panchhi Ram, complainant, who is the husband of Janki Devi (P.W. 2), on the basis of which FIR Ex. P.W. 5/A was registered against the respondent. Janki Devi (P.W. 2) was got medically examined vide MLC Ex. P.W. 6/A. The investigation was conducted and the police visited the spot and prepared the site plan Ex. P.W. 8/A. After recording the statements of the witnesses under Section 181 of the Code of Criminal Procedure, the challan against the respondent was presented in the Court. The respondent was charged under Section 325 of the Indian Penal Code to which she pleaded not guilty and claimed trial. Eight witnesses were examined in support of the case of the prosecution. In her statement under Section 313- of the Code of Criminal Procedure, the respondent pleaded her innocence. No defence evidence has been led.

(3.) ON the other hand, Mr. Rakesh Jaswal, learned counsel for the respondent, has contended that there Eire material contradictions and inconsistencies in the case, of the prosecution and even if the testimony of Janki Devi (P.W. 2) is seen, it does not find cor- roboration from the testimony, of P.W. 3 Promila Devi, who is stated to have witnessed the occurrence, or from that of P.W. 1 Panchhi Ram, who is the complainant and husband of P.W. 2 Janki Devi.