STATE OF H.P. Vs. LAPA RAM

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 19.2.2000 passed by the Addl. Chief Judicial Magistrate, Sarkaghat, District Mandi H.P. in Criminal Case No. 64 -II/97, titled as State of H.P. Vs. Lapa Ram and others acquitting the accused persons of the charged offence.

(2.) AS per the case of the prosecution, on 14.4.1997 at about 6.30 p.m. Shri Bansi Ram resident of village Sahwani, Police Station, Sarkaghat was at his house when Shri Gian Chand came from the field and informed him that his mother, Smt Prabhi Devi was being beaten up by the accused persons. Shri Bansi Ram immediately ran at the spot of occurrence and rescued his mother from the clutches of the accused persons. Smt Prabhi Devi received injuries and she was taken to the Community Health Centre, Baldwara for medical examination. Police report Ex. PW1/A was also lodged on the basis of which FIR No. 69/97 (Ext.PW -1/B) was registered with Police Station, Sarkaghat under Section 325 and 504/34 IPC. From the MLC Ext. PW -10/A and X -ray report Ex. PW -10/C, it was so revealed that the injuries sustained were grievous in nature.

(3.) IN order to prove its case, the prosecution examined eleven witnesses. Statement of accused persons under Section 313 Cr.P.C. were also recorded.