STATE OF HIMACHAL PRADESH Vs. ASHISH SANGRAI

JUDGEMENT

(1.) Instant Criminal Appeal filed under Section 378 of the Code of Criminal Procedure, is directed against the judgment of acquittal dated 1.8.2009, passed by learned Judicial Magistrate, 1st Class (I), Palampur, District Kangra, Himachal Pradesh, in Criminal case No. 191-II/2007, whereby learned trial Court held respondent (hereinafter referred to as the 'accused') not guilty of having committed of offence punishable under Sections 325 and 323 of IPC and accordingly acquitted him.

(2.) Precisely, the facts of the case as emerged from the record are that on 3.9.2007, complainant Rachna Devi (PW-5) got her statement recorded under Section 154 Cr.P.C., at police Station, Palampur, alleging therein that on 3.9.2007, at about 5:00 PM, at place called Main Chowk, Palampur, when she asked the accused why he had been abusing her then accused attacked her and caused grievous hurt by giving her fist and kick blows. On the basis of aforesaid complaint lodged by the complainant, FIR Ex.PW4/A came to be lodged against the accused under Sections 323 and 325 IPC. After completion of the investigation, police presented the challan in the competent Court of law, who being satisfied that a prima-facie case exists against the accused, framed charge against him for the commission of offence punishable under Section 323 and 325 IPC, to which he pleaded not guilty and claimed trial.

(3.) Prosecution with a view to prove its case examined as many as 7 witnesses, whereas accused in his statement recorded under Section 313 Cr.P.C. denied all incriminating evidence led against him by claiming himself to be innocent. However, he did not lead evidence in his defence.