SYED SALMAN Vs. STATE

JUDGEMENT

(1.) HEARD the learned counsel for the appellant and the learned State Public Prosecutor.

(2.) THE case of the prosecution is that on 12.08.2006 at about 9.00 p.m., Narasaiah, a Police Constable who was deputed by Basaveshwarnagar Police Station in III Stage, IV Block, to prevent chain snatching and other offences, was on his beat and when he went into the BDA Park, he had found one Nazia and the accused appellant herein sitting in a dark corner. Hence, he had warned them to leave the place immediately, for it was possible that other miscreants would cause trouble, at which, it is alleged that the appellant had come up to the complainant and held him by his collar and dragged him around and punched him in the face, causing grievous injuries and therefore, had obstructed the complainant, a public servant from discharging public duty. Having caused grievous hurt to Narasaiah, the appellant had committed an offence punishable under Section 333 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC', for brevity). It is in this regard that a complaint was lodged and further proceedings were taken. Charge -sheet having been filed, charges were framed against the accused and since he pleaded not guilty and claimed to be tried, the prosecution examined six witnesses. Thereafter, on hearing the parties, the court below framed the following point for consideration:

(3.) GIVEN the nature of the case and the alleged injury suffered, it cannot be said that there was an injury and it was caused by the appellant merely because the complainant was found with loose teeth. However, the admitted presence of the accused at the place and time and that there was a possible exchange of words, cannot be dismissed. Therefore, there is some element of guilt on the part of the accused in having confronted the complainant who was discharging his duty. In the interest of the appellant and his lady friend, the complainant having asked them to leave the place, having resulted in the case would require the appellant to at least be imposed with a stiff fine in this regard.