STATE OF H.P. Vs. JIWAN SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the appellant/State of H.P. against the judgment of the Court of learned Sub Divisional Judicial Magistrate, Rajgarh, Camp at Sarahan, dated dated 16.4.1999 vide which both the respondents were acquitted of the charge framed against them under Section 451,323,506 read with Section 34 I.P.C.

(2.) BRIEFLY stated the facts of the case are that on 29.4.1998 at about 4.40PM, a report was lodged by one Smt. Lata Devi that at about 12.30 during night time today she was sleeping in her room and both the accused persons namely the respondents entered her room by pushing the door and giving her beatings with fists and legs and she also suffered an injury over her teeth and her one tooth was broken. She raised an alarm and her both sons and one Leela Ram came to the spot and both the accused persons ran away. It was also alleged that her bangles were also broken at that time and while leaving the place, respondents also gave a threat to her. On this report, a case was registered and after investigation, the challan was filed before the learned trial Court. The learned trial Court framed a charge as detailed above and tried the respondents which trial ended in the acquittal of the respondents.

(3.) ON the other hand, the learned counsel for the respondents supported impugned judgment for the reasons given therein supplementing it by the submissions that there was long standing enmity in between the parties and the evidence was quite contradictory in regard to the fact as to whether the door and bolts were broken or not and no charge under Section 325 IPC was framed against the respondents who have been rightly acquitted by the learned trial Court which findings cannot be said to be perverse calling for an interference by this Court.