STATE OF H.P. Vs. OM PRAKASH

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 19th January, 2000 passed by Judicial Magistrate, Ist Class, Dharamshala in Criminal Case No. 55-II/99 titled as State of H.P. Vs. Om Parkash acquitting the accused of the charged offence under Sections 498-A and 506 of the Indian Penal Code.

(2.) AS per the case of the prosecution complainant-Rekha Devi was married to the accused and out of the wedlock a daughter was born. Due to certain matrimonial differences, complainant-Rekha Devi was living at her parental house along with her mother. On 2nd October, 1998, the accused visited the house of his mother-in-law in village Bhanalla and caught hold of the complainant by throat and tried to kill her. He has been maltreating the complainant ever since they 1 Whether reporters of Local Papers may be allowed to see the judgment? were married. An F.I.R. Ext. PW-6/A was registered at Police Station, Shahpur, H.P. under Sections 498-A and 506 I.P.C on the basis of a complaint lodged by the complainant, her mother Smt.Kirna Sharma and brother-in-law Shri Anoop Kumar.

(3.) IN order to prove its case, the prosecution in all, examined six witnesses and the statement of the accused under Section 313 Cr.P.C. was also recorded.