STATE OF H P. Vs. PRITAM CHAND

JUDGEMENT

(1.) THE State-appellant feeling aggrieved and dis-satisfied by the judgment of acquittal passed by Judicial Magistrate Ist Class, in Criminal Case No. 2-II/97 decided on 27-7-1997 whereby the respondents were acquitted under Sections 324, 323 read with Section 34 of the Indian Penal Code, has filed this appeal. The impugned judgment is assailed on the ground that the learned trial Court gave weightage to the minor, immaterial contradictions and wrongly relied upon the defense version.

(2.) THE leave to appeal was granted only in respect of respondent Pritam Chand vide order dated 28.4.2000.

(3.) IN brief, the prosecution story has been that on 12-9-1996 at about 8.00 a.m., the respondent Pritam Chand had caused simple injuries with knife to his wife Smt. Indora Devi complainant when she came back to her matrimonial home on 11.9.1996. To this effect, Rapat Roznamcha Exhibit PA was recorded. After her medical examination, M.L.C. Exhibit PW3/A was obtained and thereafter formal FIR was registered. During the investigation, the site plan was prepared by the Police and after completing the investigation, the challan was presented in the Court under the aforesaid sections for the trial of the respondents.