STATE THROUGH YADGIR TOWN POLICE Vs. VIJAY KUMAR

JUDGEMENT

(1.) THIS appeal is filed by the State challenging the order of acquittal passed by the Principal Sessions Judge, Gulbarga in Cr. A. No. 48 of 2008, dated 9.4.2008 acquitting the accused by setting aside the order of sentence passed by JMFC, Yadgir in C.C. No. 27 of 2007, dated 24.6.2008.

(2.) ACCORDING to the prosecution, on 2.3.2007 around 12.30 p.m. the accused having entered the office of Assistant Commissioner, Yadgir, obstructed him from discharging his duty by abusing him in filthy language and also used criminal force preventing him from discharging his duty as public servant inspite of request and warning. The Tahsildar entered into the scene and also his officials PWs 1 and 6 to 8 separated the accused from the Assistant Commissioner. A case was registered against the accused for the offences under Sections 353 and 186 of Indian Penal Code, 1860 before the Sub - Inspector of Police, Town Police Station, Yadgir and after inquiry, the charge -sheet was filed.

(3.) AS against which in the appeal preferred by the accused, the learned Sessions Judge holding that there is inconsistency in the version of the witnesses as to what actually had transpired in the Chamber of the Assistant Commissioner and also taking into consideration that PW5 himself has not stated that the accused forced him to sign the cheque, opining that no case for criminal force is made out against the accused that he prevented the Assistant Commissioner from discharging his duty and the version of the witnesses are vague, acquitted the accused. As against this, the State has preferred this appeal on various grounds.