Sunil Kumar Garg, J. - (1.) This appeal has been filed by the State against the judgment and order dated 24.4.90 passed by learned Judicial Magistrate, Jhadol, Dist. Udaipur in Criminal Case No.46/82 by which he acquitted the accused respondent for the offences under Sections 324 and 323 IPC.
(2.) This appeal arises in the following circumstances : (i) On 18.5.82, RW.6 Jhamku lodged an oral report at about 8.30 p.m. alleging inter alia that on the previous night, she was in her lodge house at Chohanwas and early in the morning at about 4 a.m. her neck was tied down by a rope by her husband i.e. accused respondent Bhera upon which she cried and her nose was cut by knife by her husband and she raised her arms above. The accused respondent Bhera further caused injuries on her arms. Thereafter after opening rope, she ran towards the village and informed to RW.8 Uda, RW.9 Sava and Kamla. Thereafter sitting in the motor and after informing her brother Babu, RW.7, she lodged this report which was registered by police in Rojnamcha and the same is Ex.P/6. Upon this report, officers of Police Station Sayra got medically examined RW.6 Jhamku by Dr. P.W.5 Dr. Navratan and her injury report is Ex.P/3. (ii) In the meanwhile, the accused respondent Bhera also lodged an oral report in the Police Station, Ogna on 19.5.82 at about 11.30 a.m. of the same incident stating that since her wife RW.6 Jhamku was adament to go to her parents's house, thereupon, he himself cut her nose with a knife and he also produced in the Police Station a piece of nose which was cut by him. On this report, the police chalked out FIR Ex.P/8 and started investigation.
(3.) After usual investigation, the police submitted challan against the respondent Bhera in the Court of Magistrate for offence under Sections 326, 324 and 323 I.P.C.;