Sureshwar Thakur, J. - (1.) The instant appeal stands directed by the State of H.P., against, the judgment rendered on 13.08.2008, by the learned Sessions Judge, Hamirpur, H.P. in Criminal Appeal No. 37 of 2007, whereby, he set aside the judgement of conviction, and, sentence recorded, upon, the accused/respondents herein, by the learned trial Court.
(2.) The facts relevant to decide the instant case are that Meena Devi wife of Kamaljeet went to Police Station Bhoranj, and made the statement Ex.PW1/A under Section 154 Cr.P.C. It was stated by her that her husband and her "jeth" are serving in Indian Army and that she is residing with her in-laws and sister-in-law (jethani) in village Gagheri, Tappa Bamson, Tehsil and Police Station Bhoranj, District Hamirpur, H.P. On May 12, 2000, she and her mother-in-law Tara Devi went to show grass to their cattle in their cowshed and thereafter, they were removing the stones kept by accused persons in the courtyard of their cowshed. In the meantime, after finishing the work, when they were returning to house, at about 8.30 p.m., Roop Lal accused came on his tempo and stopped it, in front of the shop. His driver and conductor also got down from the tempo along with him. His wife Sandhya Devi and son Naresh Kumar @ Sanju told him that Meena and her mother-in-law had removed the stones from there. Then Roop Lal started abusing them filthily. In the meantime, all the accused persons went inside the shop and came out with dandas. She and her motherin-law, went to their room, but the accused persons chased them there and gave them beatings. In the meantime, her "jethani" Salochana Devi came and when she intervened, the accused persons gave beatings to her also. When alarm was raised, Santosh Kumar, Ashwani Kumar, Sanjeev and Raghubir Singh came to the spot and rescued them. While going away the accused persons threatened to kill them subsequently. Upon this statement, FIR was registered in the police station concerned and the police completed all the codal formalities.
(3.) On conclusion of the investigations, into the offences, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed before the learned trial Court.;