STATE OF H.P. Vs. VEENA DEVI

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 7.2.2000 passed by the Judicial Magistrate Ist Class(II), Dharamshala, in Criminal Case RBT No.2-II/99/98 titled as State v. Veena Devi, acquitting the accused of the charged offence.

(2.) AS per the case of the prosecution, on 2.7.1998 at about 8. A.M. accused Veena Devi was passing through the fields of complainant Udham Singh (PW-1) to which he objected. At that accused started abusing him and returned back to her house. However, after some time, on the call of his family 1 Whether reporters of Local Papers may be allowed to see the judgment? members, while PW-1 was on way to his house, the accused again came and abused him to which he objected and at that time the accused brought a darat (sharp edged weapon) from her house and hit PW-1 on his forehead and mouth. He became unconscious and his wife Chanchla Devi, sister-in-law Ram Pyari and Kanto Devi came at the spot and rescued him from the accused. Rapat u/s 154 Cr.PC (Ext.PW-6/A) was recorded and FIR No.99/98 dated 2.7.1998 (Ext.PW-7/A) was registered with Police Station, Shahpur u/s 324 IPC.

(3.) AFTER considering the material on record and also the deposition of the witnesses, the Court below came to the conclusion that the case of the prosecution was doubtful in view of the fact that there was a cross complaint in relation to the same incident that the parties had been litigating even prior to the incident. This was more so as the statements of the witnesses were contradictory and did not inspire confidence.