JUDGMENT :

BELA M. TRIVEDI, J.

1. Both the appeals arise out of the common Judgment and Order dated 16.03.2011 passed by the High Court of Himachal Pradesh at Shimla in the Criminal Appeal No. 97 of 2000 preferred by the appellant-Parveen Kumar and the Criminal Appeal No. 325 of 2000 preferred by the State of Himachal Pradesh.

2. The short facts as curled out from the record are that on 10.10.1992 the appellant had married Raksha Devi (the deceased). The said Raksha Devi gave birth to a male child from the loins of the appellant at her parental home on 18.12.1993. As per the case of the prosecution, the appellant used to beat his wife even when she was pregnant and therefore, she had gone away to her parental home and had got registered an FIR being No. 59 of 1993 for the offence under Section 498-A of IPC on 12.09.1993 at the Police Station Ghumarwin. She also filed a petition under Section 125 of the Cr.P.C. seeking maintenance from the appellant, and also filed another complaint under Section 107/151 Cr.P.C. Somewhere in May 1994, the appellant brought back his wife to her matrimonial home. On 22.09.1994, the said Raksha Devi gave a statement in the Court of Sub-Divisional Judicial