SANDEEP SHARMA,J. - (1.)Instant petition under Section 378(3) Cr.P.C , 1973has been filed seeking leave to file appeal against judgment dated 24.10.2016 passed by the learned Judicial Magistrate 1st Class, Court No. VIII, Shimla in Cr. Case No. 44-2 of 2013/10, whereby respondents-accused (hereafter, 'accused'), who were charged with commission of offence under Sections 323 and 325 read with Section 34 IPC, have been acquitted.
(2.)Briefly stated the facts of the case as emerge from the record are that complainant lodged a complaint on 29.6.2010 at Police Station, Dhalli against the accused, Tripta, Jyoti Rathore and Rahul Chanjata, stating therein that on 28.6.2010, at about 10.00 Whether reporters of the Local papers are allowed to see the judgment 10.00 am, Tripta, who happened to be wife of the complainant, along with co-accused Jyoti Rathore and Rahul Chanjata came to his quarter and started beating him with fist blows and sticks. Complainant further reported to the police that due to aforesaid beatings having been given by the accused, he sustained simple as well as grievous injuries on his person. Complainant further alleged in the complaint that after giving beatings to him, all the accused left the place and went to "Purani Kothi" in search of Shakuntla, who was working as maid for the complainant and gave beatings to her also, on the pretext that she was living in adultery with the complainant. On the basis of aforesaid complaint made on 28.6.2010, FIR No. 150/10 dated 12.8.2010 under Sections 323 and 325 read with Section 34 IPC was registered against accused.
(3.)After completion of investigation, police presented Challan in the competent Court of law. Learned trial Court, on being satisfied that prima facie case exists against accused, framed charge under Sections 323 and 325 read with Section 34 IPC, to which accused pleaded not guilty and claimed trial. Learned trial Court, on the basis of material adduced on record by the prosecution, acquitted the accused of the charges framed against them. In the aforesaid background, appellant-State has filed instant petition seeking leave to appeal, for setting aside judgment of acquittal consequently seeking conviction of the accused. At this stage, it may be noticed that the Court, while taking cognizance of the matter called for record of the court below vide order dated 9.5.2017. After receipt of record of Court below, the court proceeded to decide the leave to appeal accordingly.