Decided on August 06,1997

STATE OF H.P. Appellant
HARI RAM Respondents


ARUN KUMAR GOEL,J. - (1.)Both the respondents who are father and daughter were prosecuted on a complaint having been lodged by one Smt. Nikki Devi (PW -1) against them at Police Station Sadar, Tehsil and District Bilaspur under Sections 325, 323 read with Section 34 of the I.P.C.
(2.)According to prosecution case on 18 -6 -1991 at about 12 Noon at Village Jajjar respondents in furtherance of their common intention caused simple as well as grievous hurt to said Smt. JNikki Devi (hereinafter referred to as the complainant). According to complainant she was b6pten by Hari Ram respondent No. 1 with Bharota Ex. P -4 and by Tara Devi respondent No. 2 with bamboo stick Ex. P -3 when she asked both of them not to cultivate her fields. Complainant claims to have been saved by Kanshi Ram (PW -8) as mentioned by her in her complaint lodged after the occurrence. On recording statement of complainant, FIR Ex. PW -11/A came to be registered and investigation was undertaken in hand by the police. Complainant was got medically examined at Civil Hospital, Bilaspur and Medicolegal certificate was issued vide Ex. PW -5/C.
(3.)Respondents were sent to face trial before the trial court on completion of the investigation by the police. Trial Court being satisfied that there are prima facie circumstances to proceed against the respondents, framed charge sheet under Sections 325, 323 read with Section 34 of the I.P.C, to which the respondents pleaded not guilty and claimed trial. After completion of the trial and recording of statements of the respondents under Section 313 Cr. PC. as well as after considering the whole case including the version put forth by the respondents, trial court acquitted the respondents, hence this appeal at the instance of the State against such acquittal.

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