STATE OF H.P. Vs. BRESTWA

JUDGEMENT

(1.) IN terms of the present appeal, the judgment dated 28th December, 1999 passed by Sub Divisional Judicial Magistrate, Rampur Bushahr in Criminal Case No. 35-2 of 1998 titled as State of H.P. Vs. Brestwa and another has been assailed whereby the accused persons have been acquitted of the charged offence under Sections 323, 325 and 34 of the Indian Penal Code.

(2.) AS per the case of the prosecution, on 16th April, 1998 at about 11 A.M. while Smt. Sewa Dassi was in her fields, the accused persons damaged and cut 16 apple trees 1 Whether reporters of Local Papers may be allowed to see the judgment? belonging to her. Upon asking them, accused No.1 gave a blow of 'Danda' on her right arm and accused No.2 caught hold of her and gave her beating. The matter was reported to the Police vide report Ext. PW-5/A and PW-5/B and based on the same F.I.R.No.63 of 1998 dated 18th April, 1998 (Ext.PW-4/A) was registered with Police Station, Jhakari under Sections 323, 325 and 34 I.P.C. Complainant was got medically examined and her M.L.C. report (Ext.PW-3/A) was obtained where the Doctor opined that she suffered grievous injuries.

(3.) THE prosecution, in all examined five witnesses and after the trial the statements of the accused persons under Section 313 Cr.P.C. were also recorded.