IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. Appeal No.: 271 of 2001. Reserved on: 27.02.2008. Decided on: 1.3.2008. State of Himachal Pradesh. … … Appellant. Versus Shakuntla Devi and Another. … … Accused/Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the Appellant: Mr. Anil Kumar Jaswal, Deputy Advocate General. For the Accused/Respondents: Mr. K.D. Sood, Advocate. Rajiv Sharma, Judge: The respondents were prosecuted in criminal case No. RBT-81- II/99/95 in the Court of Judicial Magistrate 1st Class (Court No.2), Dehra, District Kangra under Sections 447, 324 read with Section 34 of the Indian Penal Code and were acquitted by the Judicial Magistrate Ist Class, Dehra on 29.8.2000. The State has preferred this appeal against the judgment of acquittal, dated 29.8.2000. The brief facts as gathered from the judgment of the trial Court are that on 8.7.1994 at about 11.00 A.M., the accused persons had tress-passed in the fields of complainant, Bhagti Devi (PW-3) with a motive to kill her. It is further alleged that the accused persons have Whether reporters of local papers may be allowed to see the judgment? given beatings to the complainant, Bhagti Devi with kudalli and caused injuries on her head, hands and legs. She moved an application before the Sub Divisional Judicial Magistrate, Dehra under Section 156(3) Cr.P.C. The application was forwarded by the Sub Divisional Judicial Magistrate, Dehra to the S.H.O., Jawalamukhi for investigation and registration of case. The F.I.R. was registered on the basis of complaint Ex.P-A under Sections 447, 324 read with Section 34 of the Indian Penal Code. The matter was investigated by the police and challan was put up against the accused. The prosecution had examined six witnesses to prove its case. The accused were examined under Section 313 Cr.P.C. The accused were acquitted on 29.8.2000. Hence, this appeal against the judgment of acquittal. The learned Deputy Advocate General had strenuously argued that the prosecution has proved its case against the accused beyond all reasonable doubts and the findings recorded by the learned trial Court are not sustainable in the eyes of law. Mr. K.D. Sood had supported the judgment dated 29.8.2000. I have heard the learned counsel for the parties and perused the record carefully. PW-3 is the complainant. She had moved an application before the Sub Divisional Judicial Magistrate, Dehra vide Annexure P-A. She has not mentioned the name of accused Sanjeev Kumar in her complaint. She has stated that she was given beating by accused Shakuntla Devi with kudalli and she was accompanied by her son and husband. She had categorically stated that she was saved by her daughter-in-law, Swarna Devi (PW-5). PW-4, Ajeet Kumar had stated that he saved his mother from the accused persons when he heard a noise while working in the fields. PW-5, Swarna Devi had stated that the accused had given beatings to her mother-in-law with danda Ex.P-1 and kudalli Ex.P-2 and she saved her from the clutches of accused Shakuntla Devi and at that time PW-4, Ajeet Kumar was working at a distance of about 100 meters. She further admitted that PW-4, Ajeet Kumar had come at the spot of occurrence when she had already saved the complainant. There are material contradictions and discrepancies in the statements of PWs.-3, 4 and 5. PW-3 has stated that she was saved by PW-5. However, PW-4 had stated that he saved his mother from the clutches of accused Shakuntla Devi and Sanjeev Kumar. It has also come on record that a civil dispute is going on between the parties. The prosecution had also not examined Dr. Arun Sandhu as witness. In view of the above discussion, it is evident that the prosecution has failed to prove its case against the respondents and they have been rightly acquitted by the trial Court after correctly appreciating the evidence brought on record by the prosecution. Consequently, there is no merit in the appeal and the same is dismissed. The bail bonds furnished by the respondents-accused are discharged. March 01, 2008. (Rajiv Sharma), (sck) Judge.