STATE OF H P Vs. RITA DEVI

JUDGEMENT

(1.) STATE has appealed against the judgment dated 14th December 2001, passed by the trial Magistrate, whereby respondent Rita Devi, who was charged with and tried for offences punishable, under Sections 451, 323, 324 and 506 ipc, has been acquitted.

(2.) PROSECUTION story, upon which the respondent was charged and tried, may be noticed. PW2 Kanta Devi is mother-in-law of respondent/accused Rita Devi. Rita Devi's husband, Dev Parkash is serving in Indian army. She lives at her in laws place, but separately. There is a double storeyed house. In the upper storey of the house, PW2 kanta Devi lives with her husband PW5 jeewan Ram and her married daughter. Lower storey of that very structure is in occupation of the respondent, as her residence. On 5th November 2000, when Kanta devi PW2 was all alone in the house, respondent went there and started giving beatings to her. She dealt fist and kick blows and also tried, to cause her burn injuries forcing her left foot into the hearth, which was lighted. Kanta Devi cried for help. Hearing her cries, Som Devi PW1, another daughter-in-law reached. She saw the respondent giving beating to Kanta Devi with one of her legs in the hearth. PW1 Som Devi went running to the temple, to call her father-in-law. Within a few minutes, her father-in-law also reached the spot. Both, Som devi and her father-in-law Jeewan Ram rescued Kanta Devi from the respondent. Thereafter, Som Devi gave a ring to her husband's elder brother Mohan Dutt. Late in the evening, Mohan Dutt arrived and next morning Kanta Devi was taken to Sarahan, where there is a hospital. Police station is also situated at Sarahan. Matter was reported to the police by Som Devi as Kanta devi, according to the opinion of doctor, was unfit to make statement because of the impact of the injuries. Case was formally registered. Kanta Devi was got medically examined. She was found to be having multiple abrasions, swelling of left eyelid and left foot sole was medial aspect had scald and adjoining skin was dark red. On completion of investigation, respondent was challaned.

(3.) TRIAL court has disbelieved the prosecution version for the reasons that there was delay in reporting the matter to the police and also that PW1 Som Devi was not on good terms with the respondent. Other reasons recorded by the trial court are that while according to Som Devi, matter was reported to the police when Kanta Devi was being taken to the hospital, the police officials stated that they went to the hospital on being informed by the doctor, and it was there that Som Devi made the statement ex. PW1/a, under Section 154 Cr. P. C. , on the basis of which, case was formally registered. Yet another reason given by the trial court is that while according to Kanta Devi herself and other witnesses she remained unconscious only for a few minutes after the occurrence, the doctor testified that she was unconscious and unfit to make the statement when she was taken to the hospital and police wanted to record her statement. Trial Court has also observed that one of the sons of the injured, named Om Dutt also heard the cries, but he was not associated as a witness during investigation nor were the neighbours of the injured examined by the police.