STATE OF H. P. Vs. SATYA DEVI

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 11.4.2000 passed by the Judicial Magistrate Ist Class (II), Dharamshala, Distt. Kangra, in Criminal Case No. RBT 78-II/99, titled as State v. Satya Devi, acquitting the accused of the charged offence under sections 325 & 506 of the Indian Penal Code.

(2.) AS per the case of the prosecution, on 16.1.1999, at about 10 A.M., Smt. Nisha Devi , daughter-in-law of complainant Smt. Banko Devi, was smearing the court-yard of her house then the accused came and threw a bucket of water and washed the same. Smt. Kunta Devi, Ward Panch was called by the complainant and when the complainant inquired from the accused as to why she had thrown the water, the accused gave a blow of danda on her head and nose. The report (Ext.PW-7/A) was lodged with the Police Station, Dharamshala, on the basis of which FIR No. 21/99 dated 21.1.1999 (Ext.PW-9/B) under Sections 325, 506 IPC was registered in Police Station, Dharamshala. The complainant got herself medically examined and her medico legal certificate Ext.PW-1/A and X-Ray Ext.PW- 8/B was taken by the police. The complainant sustained hair line facture on her nasal bone. The investigation was completed and the rough site plan Ext.PW-9/A was prepared and the Danda (Ext.P-1) and Dupatta (Ext.P-2) vide seizure memo (Ext.PW-2/A & Ext.PW-2/B respectively) were also taken into possession. With the completion of the investigation, the challan was presented in the Court for trial.

(3.) AFTER perusing the material on record including the deposition of the witnesses, the Court below held that the prosecution had failed to prove its case beyond doubt and there were material contradictions in the statements of the witnesses and also the recovery of Ext.P-1 was not effected in the presence of the witness.