STATE OF HIMACHAL PRADESH Vs. PURAN CHAND

JUDGEMENT

(1.) THE respondents were accused in case No.15/2 of 1997/95 under Section 506/34 of IPC in the Court of J.M.I.C. (III), Shimla and were acquitted by the trial Court on 20.5.2000. The present appeal has been filed by the State against the acquittal of respondents/accused. The brief facts as projected in the judgment of the trial Court are that on 2.5.1995 one Shri Punnu Ram (hereinafter referred to as the complainant) made a complaint to the police that accused Puran Chand, who is residing near the quarter of the complainant had got beaten his wife by some persons on 1.5.1995. On the next morning, Whether reporters of local papers may be allowed to see the judgment? No. i.e. 2.5.1995 the accused Puran Chand gave beatings to him and his wife. Consequently FIR was registered and the injured were got medically examined and on completion of the investigation, the challan was put up in the Court. The charges were framed against the accused on 18.2.1997. They were examined under Section 313 Cr.P.C, where they pleaded innocence and stated that the evidence led against them to be false and incorrect. The prosecution had examined as many as nine PWs to prove its case against the accused. The trial Court acquitted the accused on 20.5.2000, hence this appeal by the State against their acquittal.

(2.) THE learned Deputy Advocate General had strenuously argued that the prosecution had proved the charges against the accused. He vehemently argued that the trial Court has failed to appreciate the evidence led by the prosecution in right perspective leading to grave mis-carriage of justice. Shri Rakesh Jaswal had supported the judgment dated 20.5.2000.

(3.) THE accused had produced four DWs. to prove their innocence. Ramesh Chand, DW-1 had stated that on 23.5.1997 a complaint was made by the complainant Puran Chand against Punnu Ram, Santosh, Gian Chand and Bali Ram. DW-2 is H.C. Daulat Ram, who has tendered the complaint Ex.DW-2/A addressed to the S.S.P., Shimla against complainant Punnu Ram. DW-3 is Daya Ram, Clerk serving in the office of S.P., Shimla. He has tendered the copy of complaint Ex.DW-3/B made by Puran Chand against Punnu Ram. DW-4 Shri Pratap Singh had tendered the copy of F.I.R. got registered by Joginder Singh son of Puran Chand against complainant Punnu Ram and another complaint lodged by Bhagwan against Punnu Ram vide Ex.DW-4/B.