STATE OF HIMACHAL PRADESH Vs. JAMIT SINGH

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 23rd December, 199 passed by Judicial Magistrate, IInd Class, Court No.II, Amb, district Una, in Case No. 107-1/98, titled as State v. Jamit Singh and others, acquitting the accused persons of an offence under Sections 325, 323, 506 read with Section 34 of the Indian Penal Code.

(2.) BRIEF facts of the case are as under:- On 7.9.1998 at about 9.20 p.m. Smt. Biasa Devi (PW-1) filed a complaint with the Police Station Gagret, based on which FIR No. 99/98 dated 9.9.1998 was registered. The investigation was carried out and the complainant was got medically examined and her MLC (Ext.PW8/A) and x- ray report (Ext.PW-5/A) were taken into possession and weapon of offence (Ext.P-1) was also taken into possession vide Ext.PW-4/A. After recording the statements of witnesses the challan was presented before the Court.

(3.) THE prosecution examined 7 witnesses and thereafter the statements of accused persons under Section 313, Cr.P.C. were recorded. The accused examined two witnesses in support of their defence.