STATE OF HIMACHAL PRADESH Vs. SUDERSHANA DEVI

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 3rd January, 2000, passed by Judicial Magistrate, Ist Class-I, Dharamshala, in Cri. Case No. 21-II/98, titled as State of H.P. vs. Sudershana Devi and others, acquitting the accused of the charged offence.

(2.) BRIEFLY stated the case of the prosecution is that on 13th April, 1997 at about 5 p.m. Bhagwan Singh (PW-5), the lineman of the electricity Board has come to repair the light of the complainant. To access the faulty line the said lineman asked the complainant to clear the standing water on his lintel and for the said purpose he removed a brick as a result of which water felled down on the house of accused No.1 Sudarshana Devi. Rajeev and Pardeep Kumar, accused Nos. 2 and 3 sons of accused No.1 started throwing bricks at the complainant as a result of which he was hurt on the chest and sustained Whether the reporters of Local Papers are allowed to see the Judgment? injuries. Thereafter, the accused got an axe and gave blow with the same on the same on the arm of the complainant thus causing an injury. The incident took place in the heart of the town where there were houses belonging to other persons and many persons including one Ramesh Kumar and his wife came at the spot at the time of occurrence. The matter was reported to the police and FIR No.48/1997 was registered with Police Station Shahpur under Sections 325, 324 read with Section 34, IPC. The investigation was carried out by ASI Vam Dev (PW-11) and the accused was got medically examined. Om Parkash (PW- 9) was medically examined by Dr. Ajay Dutta (PW-1) and his MLC (Ext.PW- 1/B) and x-ray report (Ext.PW-1/A) were taken by the police during investigation. After completion of the investigation, challan was filed in the Court.

(3.) IN order to prove its case, the prosecution examined 11 witnesses. Statements of accused under Section 313, Cr.P.C. were also recorded and the defence is that the witnesses have falsely deposed due to animosity between the parties.