STATE OF HIMACHAL PRADESH Vs. DHARMENDER

JUDGEMENT

(1.) Instant Criminal Appeal having been filed by the appellant?State, is directed against the judgment of acquittal dated 26.7.2008, passed by learned Judicial Magistrate, Court No.4, Mandi, District Mandi, Himachal Pradesh in police Challan No.67?II/01, whereby learned trial Court held respondent (hereinafter referred to as the accused) not guilty of having committed of offences punishable under Sections 279 and 337 of IPC and accordingly acquitted him.

(2.) Briefly stated facts, as emerge from the record are that on 2.6.2001 complainant, namely, Pawan Kumar (PW?1) got his statement recorded under Section 154 Cr.P.C.

(3.) With a view to prove its case prosecution examined as many as eight witnesses, whereas accused in his statement recorded under Section 313 Cr.P.C. denied the case of the his defence r to prosecution in toto. However, he did not lead any evidence in