STATE OF H.P. Vs. MANOHAR LAL

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 29.4.2000 passed by the Judicial Magistrate Ist Class (III), Shimla, in Criminal Case No. 82/2 of 1996/95 titled as State v. Manohar Lal, acquitting the accused of the charged offence.

(2.) AS per the case of the prosecution, on 29.7.1995 at 7.30 P.M. accused called the complainant Smt. Sheela Devi (PW-1) from her house and as soon as she came out, the accused quarreled and caught her from her neck and Smt. Kubza Devi (PW-2) and Shri K. R. Kashyap (PW-4) intervened to save the complainant. In the process, Shri K. R. Kashyap also received an injury on his thumb. Complainant's shirt Ext.PW-1/A was torn by him. The matter was reported to the police and the injured were got medically examined and MLC Ext.PW-6/A and marks 'X' & 'Y' were collected by the Investigating Officer. Site Plan Ext.PW-7/C and statements of witnesses Ext.PW-1/B & Ext.PW-7/B were also recorded. The investigation was carried out pursuant to the registration of the FIR Ext.PW-7/A dated 29.7.1995 registered with Police Station, Dhali.

(3.) THE Court below, after examining the statements of the witnesses discharged the accused on the ground that since the alleged quarrel took place in the common Verandah, jointly used by all the parties, therefore, essential ingredients to constitute an offence under Section 441 IPC were missing.