STATE OF H. P. Vs. DILER SINGH

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 1.10.1999 passed by the Addl. Chief Judicial Magistrate, Nurpur, Distt. Kangra, in Criminal Case No.7-II/97, titled as State v. Diler Singh and another, acquitting the accused of the charged offence under Sections 324, 323 & 506 read with Section 34 of the Indian Penal Code.

(2.) AS per the case of the prosecution, on 27.9.1995, at about 7 A.M., Ram Piari (PW-1) had gone to fetch water from the village tap when the accused started giving beatings to her. Her son Bahadur Singh (PW-2) and her husband tried to save her, 1 Whether reporters of Local Papers may be allowed to see the judgment? when they were also beaten up by the accused persons. Further they entered into her house and also gave beatings inside the house. The matter was reported to the police and FIR No. 336/95 dated 27.9.1995 under Sections 324, 451 and 506 read with Section 34 IPC was registered with Police Station Indora. The matter was investigated and the danda (weapon of offence) was taken into possession vide seizure memo Ext.PW-3/A in presence of Shri Rajinder Kumar (PW-3) and the injured were got medically examined by Dr. T. K. Roy (PW-5), who issued Medico Legal Certificate (Ext. PW-5/A). The investigation was completed by HC Shakti Chand (PW-6) who prepared the site plan (Ext.PW-6/A) and the took possession of other incriminating documents. After completion of investigation, challan was presented in the Court.

(3.) IN order to prove its case, the prosecution examined 6 witnesses and statements of the accused under Section 313 Cr.PC were also recorded.