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2008 Supreme(HP) 390

SURINDER SINGH
State of H. P. – Appellant
Versus
Devi Singh – Respondent


Advocates:
For the Appellant :- Mr. J.S. Guleria, Law Officer.
For the Respondents:- Mr. Romesh Verma, Advocate.

JUDGMENT

(Surinder Singh, J.) (Oral) - The State has challenged the acquittal of the respondents, passed in Criminal Case No. 86/2 of 1998, whereby the learned trial Court has acquitted the respondents, for the offences punishable under Sections 325, 323 read with Section 34 of the Indian Penal Code.

2.I have heard the learned Counsel for the parties and have carefully examined the evidence on record.

3.I nut-shell, the case of the prosecution has been that on 27.1.1998, complainant Nirmala Devi (PW1) was removing the grass around 8.30 a.m., which was allegedly stacked by respondent No. 1 over the land in his possession, regarding which civil dispute was pending and a stay was issued against the complainant party. When she could only remove 2/3 bundles of grass, the respondents allegedly came to the spot and started giving beatings to the complainant. With the result, she sustained injuries on her arm and back side of the body.

4.The matter was reported to the police and FIR was lodged. The complainant was medically examined. Her injury on the chest was X-rayed. The doctor opined that there was fracture of 9th and 10th ribs of the right side chest and issued MLC Ex.P2. I















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