STATE OF H.P. Vs. BANSI LAL

JUDGEMENT

(1.) THE acquittal of the respondent for the offences under Sections 498 -A, 323 and 506 -II of the Indian Penal Code has been challenged in this appeal by the State.

(2.) IN nutshell, prosecution story is that Smt. Lata Devi was married to the respondent in the year 1998. During the subsistence of this marriage, she gave birth to two children. In the year 1997, she was a teacher in a Private School and the respondent was working as ˜Beldar in the IPH Department. For the last about one and a half year from the date of the alleged incident, both were residing in village Sandhole. It is alleged that the respondent was a liquor addict and used to beat up her to bring money from her father. Failing to do so, respondent had been threatening her with dire consequences. It is alleged that on 1.7.1997, in a drunken condition at about 12.30 p.m. she was given beatings by respondent causing injuries on her person. Her mother, who had been living with them for the last about 8 months was also present there, she saved her. Thereafter a clerk from the nearby Treasury Quarters came there and offered her water. She reported the matter to the police and was medically examined. Her Medico Legal Certificate Ext. PW -3/A discloses the simple injuries on her person in the nature of bruise and abrasion. The Investigating officer prepared the site plan Ext. PW -8/A and recorded the statements of the witnesses.

(3.) RESPONDENT was charge -sheeted for the offences aforesaid. He pleaded not guilty and claimed trial.