STATE OF HIMACHAL PRADESH Vs. BHEDI DEVI

JUDGEMENT

(1.) The present appeal is maintained by the appellant against the judgment of acquittal of the accused/respondent (hereinafter referred to as 'the accused') in Sessions Trial No.62 of 2009, passed by the learned Additional Sessions Judge, Fast Track Court, Kullu, District Kullu, H.P, dated 31.10.2011.

(2.) Briefly stating the facts giving rise to the present appeal are that on 1.6.2008 at about 10:25 PM, Tehal Singh, telephonically informed the police of Police Station, Bhunter, that some people are fighting with his son, namely, Gilu Ram at village Brehan. He asked the police to take action against the culprits. After receiving this information, ASI Gian Chand alongwith other Police Officials went towards village Brehan, in an official vehicle. At village Brehan, Gilu Ram (PW-15) got his statement recorded under Section 154, Cr. P.C with HC Kartar Singh. He told the Police that he is an agriculturist by profession and that he had solemnized marriage about 20 years ago with Dhali Devi, but his wife left his company about 12 years ago, so he contracted second marriage. At about 8:45 AM, he was sitting in the 'Verandah' of his house and his mother Smt. Touni Devi was cutting grass from the field near to their house. Accused was also cutting logs from her field. Accused started lopping the pomegranate tree, then, he came down from his 'Verandah' and asked the accused not to cut pomegranate tree.

(3.) The prosecution in order to prove its case has examined as many as 15 witnesses. Statement of the accused was recorded under Section 313 Cr.P.C, wherein she has denied the prosecution case and claimed innocence. In defence, the accused has tendered in evidence MLCs Ex.D1 and Ex.D2.