STATE OF H.P. Vs. NARESH KUMAR

JUDGEMENT

(1.) THIS is an appeal filed by the appellant-State against the judgment of the court of learned Judicial Magistrate Ist Class, Solan dated 5.4.1999 vide which the accused were acquitted of the charges framed under Sections 452, 506 and 323 read with section 34 IPC.

(2.) BRIEFLY stated the facts of the case are that a report was lodged with the police by one Leela Devi complainant that on the night intervening 22nd and 23rd June,1999 at about 1.30 a.m. she heard the noise of 3-4 persons who gave a knock at her door and asked her to open the door. She did not open the door but still they came inside by breaking open the door who were having dandas in their hands. The accused persons gave beatings to her as well as Roopa Devi her daughter. The report was lodged with the police on the next day at about 2.20 p.m. on which a case was registered. The challan was filed before the learned trial court who tried the respondents who were acquired of the charge.

(3.) THE submissions made by the learned Deputy Advocate General were that the statement of the complainant had been duly corroborated by the statement of her daughter and the mere fact that both these witnesses are related to one another is not sufficient to disbelieve their version and as such the findings to the contrary recorded by learned trial court are liable to be reversed. On the other hand, learned counsel for the respondents had supported the impugned judgment for the reasons given therein.