STATE OF H P Vs. BISHAMBHER DASS

JUDGEMENT

(1.) The learned trial Court, convicted, the accused vis-vischarge framed under Section(s) 498-A, 323, and, under Sec. 506 of the Indian Penal Code, and, imposed consequential sentence(s) upon him. The convict being aggrieved therefrom, preferred an appeal before the learned Sessions Judge, Hamirpur, whereon the latter proceeded to record an order of acquittal. The State is aggrieved therefrom, hence prefers the instant appeal before this Court.

(2.) Brief facts of the case are that on May 16, 2004, Chuni Lal, approached the Police Station, Bhoranj and lodged the FIR, Ext. PW1/C. He reported that his daughter Sapna Devi was married to accused about 6 years back. She was kept properly by him for about 6 months whereafter he started beating her up and doubted her character without any reason. She had been tolerating all this with patience. Ultimately, she told him about it. PW-1 Chuni Lal met the parents of the accused and there was some settlement. But, then again he started apprehending in the same fashion. A Panchayat was convened and a writing of compromise was prepared, but still the accused continued, beating her up. On 16.5.2004, Sapna Devi informed her father on telephone that she had been badly beaten up by her husband. PW1 Chuni Lal, his wife and brother Prem Singh went to the house of the accused and found Sapna Devi lying on a bed badly injured. The FIR was lodged to take action against the accused. The case was investigated by ASI Karam Singh. He prepared site plan Ext. PW11/A. He took into possession two compromise deeds, Ext. PW1/A and Ext. PW1/B from PW-1 Chuni Lal, vide memo Ext.

(3.) The accused was charged for committing offence(s) punishable under Sections 498-A, 323, and, under Sec. 506 of the Indian Penal Code. In proof of the prosecution case, the prosecution examined twelve witnesses. On conclusion of recording of prosecution evidence, the statement of the accused under Sec. 313 Crimial P.C. was recorded by the trial Court, wherein he claimed false implication. However, he did not lead any evidence in his defence.