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2016 Supreme(HP) 1290

RAJIV SHARMA
State of Himachal Pradesh – Appellant
Versus
Shesh Ram – Respondent


Advocates Appeared:
For the Appellant : Mr. Parmod Thakur, Addl. AG.

JUDGMENT :

Rajiv Sharma, J.

1. This appeal is instituted at the instance of the State against the judgment dated 29.5.2014, rendered by the learned Addl. Chief Judicial Magistrate (I), Palampur, Distt. Kangra, H.P. in Criminal Case No. 60-II/10/2011, whereby the respondents-accused (hereinafter referred to as accused), who were charged with and tried for offences punishable under Sections 323 and 325, read with Section 34 IPC have been acquitted.

2. The case of the prosecution, in a nut shell, is that on 26.10.2010, complainant Renu Devi lodged report with the Police Post Panchrukhi stating therein that on 26.10.2010 at about 7:00 AM while she was cleaning utensils, she noticed that Shesh Ram had put fence on the backside of their house. When she removed the fence, Shesh Ram picked up one danda from the fence and started giving beatings. When she raised an alarm, her mother Laxmi Devi, brother Sanjeev and her father Saligram also came to the spot. In the meanwhile, wife of accused, namely, Veena Devi and his son Rahul also came on the spot. Shesh Ram started giving beatings to her and her mother with danda. Her brother Sanjeev Kumar and father rescued them from the clutches of the acc














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