IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No. 95 of 2003 Decided on : 18.9.2009 State of H.P. …Appellant. Versus Bali Ram and others …Respondent. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Appellant : Mr. Ramesh Thakur, Assistant Advocate General. For the Respondents: Mr. T.S. Chauhan, Advocate. Surjit Singh, Judge (oral) State has appealed against the judgment dated 31st October, 2002 of learned Judicial Magistrate, whereby respondents, who were charged with and tried for offences, under Sections 498-A, 504 and 506 IPC read with Section 34 IPC, have been acquitted. 2. PW-5 Premi Devi lodged a report with the police on 10.5.1997, copy Ext. PW12/A, that on the previous day, i.e. 9.5.1997, she had been beaten up by her husband Bali Ram, after he returned from Rohroo, the place of his posting. She reported that her husband, father-in-law, mother-in-law, brothers of her husband and other family members of her in- laws, named as respondents in this appeal, used to harass her, because she had not delivered any child, even after Whether reporters of the local papers may be allowed to see the judgment? …2… sixteen years of her marriage with respondent Bali Ram and that they used to pressurize her to agree for divorce and because she was not agreeable to their proposal for divorce, they harassed and at times even subjected her to physical torture. She was got medically examined on 12.5.1997 at 1.30 p.m. PW-11 Dr. V.K. Bhardwaj conducted her medical examination and noticed minor bruises on the distal of forearm, which, according to him, had been sustained within two days. According to the prosecution, she had been beaten up more than two days, prior to her medical examination, by PW-12 Dr. V.K. Bhardwaj. 3. Another report was lodged by PW-5 Premi Devi on 28.6.1997, in which she reported that on that very day all the respondents gave beating to her and also hurled abuses at her. She was not medically examined, with respect to the alleged beating of 28.6.1997. 4. Police challaned all the respondents. Trial Court charged the respondents, as aforesaid, and on their pleading not guilty, put them on trial. 5. Prosecution mainly relied upon the testimony of PW-5 Premi Devi, the alleged victim, and PW-12 Dr. V.K. Bhardwaj. It also examined some other witnesses, who stated that Premi Devi and her husband are not on good terms, for the last several years and they often quarrel and fight with each other. …3… 6. Trial Court has acquitted all the respondents, holding that the evidence on record does not prove the charge, beyond reasonable doubt. 7. I have heard the learned Assistant Advocate General as also the learned counsel for the respondents and perused the record. 8. Premi Devi, who appeared as PW-5, made an omnibus type of statement that the respondents asked her to agree for dissolution of marriage with respondent Bali Ram and also pressurized her to bring more dowry, as according to them, the dowry earlier given by her parents, was insufficient. She further stated that her husband Bali Ram gave her beatings in the night. She did not say when she was beaten up on any particular day or that she had been got medically examined and injuries were noticed on her person. Also, her statement in the Court that she is asked to bring more dowry is an improved version over the earliest version given by her to the police on 10.5.1997, vide report Ext. PW12/A as also the subsequent report dated 28.6.1997, copy Ext. PW12/B. 9. Medical evidence does not corroborate the incident, reported vide report Ext. PW12/A, because as per this report, beating was given on 9.5.1997, while PW-12 Dr. V.K. Bhardwaj, who medially examined the injured lady on 12.5.1997 at 1.30 p.m., stated that injuries had been sustained within two days, that is to say, after the date of the alleged beating by respondent No.1. …4… 10. In view of the above stated position, I do not think this to be a fit case for interference with the judgment of acquittal. Hence, the appeal is dismissed. September 18, 2009(ss) (Surjit Singh), J