STATE OF H.P. Vs. KANTA DEVI

JUDGEMENT

(1.) Present criminal appeal is filed against the judgment of acquittal dated 30.11.2005 passed by learned Judicial Magistrate Ist Class Court No. 3 Hamirpur (H.P.) in Criminal Case No. 114 -II -02/RBT No. 239 -11 -04 tilted State of H.P. v/s. Kanta Devi.

(2.) It is alleged by the prosecution that on dated 02.09.2002 at about 4.00 P.M. at place Thana Darogan Police Station Hamirpur (H.P.) accused beaten the complainant Narainu Devi and her daughter -in -law and caused grievous hurt to the complainant. It is alleged by the prosecution that FIR Ext. PW -7/B was registered and medical examination of injured Smt. Narainu Devi was conducted by Dr. Ashok Kaushal and MLC Ext. PW -6/A was issued. It is further alleged by the prosecution that site plan Ext. PW -5/A was prepared and statements of prosecution witnesses recorded. Learned Trial Court framed charge against the accused persons on dated 04.03.2003. Accused did not plead guilty and claimed trial. Prosecution examined seven oral witnesses and also tendered documentary evidence. Learned Trial Court on dated 30.11.2005 acquitted the accused qua criminal offence punishable under Sec. 325 IPC.

(3.) Feeling aggrieved against the judgment passed by learned Trial Court State of H.P. filed present appeal.