STATE OF HIMACHAL PRADESH Vs. BALDEV KUMAR

JUDGEMENT

(1.) Mr. Aman Parth, Advocate has filed Power of Attorney on behalf of the sole respondent.

(2.) Record of the learned trial Court stands received, perusal whereof reveals that complainant Krishna Devi(PW-1) reported the matter to the police, alleging therein that on 18.5.2011, at around 8.30 PM, she was going to her field and in the meanwhile, accused while hurling abuses restrained her from proceeding further and started punching her. On the basis of aforesaid report, a formal FIR Ex.PW1/A came to be lodged against the respondentaccused(hereinafter referred to as 'accused'). Complainant also alleged that accused proclaimed that he would kill her in case she sows the field. PW-2, Ram Dev i.e. husband of the complainant after having heard cries of the complainant reached the spot and rescued her from the clutches of the accused. Accused then started thrashing the husband of the complainant and ultimately after having seen the people coming to the spot, he fled away from the spot. After completion of the investigation, police presented the challan in the competent court of law i.e. Chief Judicial Magistrate, Lahaul-Spiti at Kullu, H.P., who being satisfied that a prima-facie case exists against the accused, charged him under Sections 341, 325, 504 and 506 of IPC, to which he pleaded not guilty and claimed trial.

(3.) Learned trial Court vide judgment dated 13.4.2017, held accused not guilty of having committed the offences punishable under Sections 341, 325, 504 and 506 of Penal Code and accordingly acquitted him of the charges framed against him. In the aforesaid background, appellant-State has approached this Court in the instant appeal filed under Sec. 378 of the Code of Criminal Procedure, seeking therein conviction of accused after setting aside the judgment of acquittal recorded by the learned Court below.