STATE OF H.P. Vs. GOPAL SINGH

JUDGEMENT

(1.) THE respondents were accused in Police Challan No.23-II/98(288- I/97) and they were prosecuted under Sections 451. 504, 506 and 323 read with Section 34 of the Indian Penal Code in the court of Additional Chief Judicial Magistrate, Sarkaghat, District Mandi and were acquitted on 14.12.1999. The State has filed the present appeal against the acquittal of the respondents.

(2.) THE facts in nutshell are that on 1.7.1997 at about 9 p.m. the complainant was present in the upper storey of her house with family members situated at Village Tarun, Illaqa Kamlah, Tehsil Sarkaghat, District Mandi. Accused No.2 Smt..Parwati Devi after consuming liquor started hurling abuses to the complainant. According to the prosecution the accused persons got furious when they were requested to maintain decency. They trespassed into the house of the complainant and gave beating to the complainant as well as to her husband. The matter was reported to the Police Station Sarkaghat on 2.7.1997. The F.I.R. was registered and the investigation was carried on. The site plan of the spot was prepared and the statements of the witnesses were recorded. After the completion of the investigation the police report was forwarded for favour of trial for commission of offence mentioned here in above. The charges were framed against the accused persons for the commission of offence punishable under Sections 451,323, 506/34 of the IPC to which accused persons pleaded not guilty and claimed trial.

(3.) MR .M.A.Khan, learned Deputy Advocate General had strenuously argued that the prosecution has proved the charge against the accused. He then contended that the trial court has not correctly appreciated the evidence led by the prosecution which has resulted in grave miscarriage of justice. Mr.N.K.Thakur, learned counsel appearing for the respondents had supported the judgment of the trial court dated 14.12.1999. I have heard the learned counsel for the parties and have also gone through the record of the case carefully.