STATE OF H P. Vs. SUBHASH CHAND

JUDGEMENT

(1.) THE respondents were put on trial and were acquitted for the offences punishable under Section 451, 323 and 506 read with Section 34 of the Indian Penal Code by the Judicial Magistrate, which has been assailed in this appeal.

(2.) PRECISELY , the case of the prosecution has been that on 22.9.1998, Dalbir Singh complainant got recorded his statement under Section 154of the Code of Criminal Procedure that the respondents had entered into his court yard and gave beatings to his wife Ramla Devi with a danda causing simple injuries on her person and they also threatened him with dire consequences. Consequently, FIR Exhibit PW1/A was registered after getting the Medico Legal Certificate of Smt. Rama Devi. During the course of investigation, the Police prepared the site plan and also took into possession the blood stained shirt of Rama Devi and Danda Exhibit P2 was produced by one of the respondents Shri Subhash Chand which was taken into possession vide memo Exhibit PW3/A. The police recorded the statements of witnesses and after completing the investigation, the challan was presented in the court for trial.

(3.) LEARNED trial Court also took note of the civil litigation with respect to the land where the altercation is alleged to have taken place. It was also observed that PW Ramla Devi had stated that she was hospitalized for three-four days for the treatment of the said injuries but there is no treatment slip or discharge slip to substantiate her version. After appreciating the entire evidence, the learned trial Court found that the prosecution witnesses were not cogent and reliable.