SANDEEP SHARMA
State of Himachal Pradesh – Appellant
Versus
Krishan Kumar – Respondent
Sandeep Sharma, J.
By way of instant criminal appeal filed under Section 378 of the Code of Criminal Procedure, challenge has been laid to the impugned judgment of acquittal dated 30.11.2005, passed by learned Chief Judicial Magistrate, District Kinnaur at Rekong Peo H.P., in Criminal case No.22-2 of 2002, whereby respondent (hereinafter referred to as the accused) came to be acquitted of the charges framed against him under Section 498-A, 451 and 323 of Indian Penal Code (hereinafter referred to as the IPC).
2. Briefly stated facts, as emerge from the record are that on 26.03.2002, complainant namely Smt. Asha Kumari, who happened to be wife of the accused, preferred a complaint Ex.PW1/B to the Superintendent of Police, Kinnaur at R/Peo, alleging therein that she was married to the respondent/accused in the year, 1998 as per local customs and rites and out of their wedlock, a son was born, who at the time of lodging complaint, was of three years’ old. Complainant further alleged that at the time of lodging complaint Ex.PW1/B, she was pregnant. As per complainant, on 24.03.2002, the accused gave merciless beatings to her under the influence of liquor, as a result of which,
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