MOHD. KADAR QURESHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision is directed against the judgment dated 22.5.2013 passed by the Additional Sessions Judge, Bhatapara in Criminal Appeal No.3 of 2013 affirming the judgment dated 17.1.2013 passed by the Judicial Magistrate First Class, Simga in Criminal Case No.676 of 2010 convicting and sentencing the Applicant as under:

(2.) Facts of the case, in brief, are that on 24.7.2010 at about 1:45 p.m., Complainant Lallan Singh (PW6), Station House Officer, Police Station Simga was standing near Simga Chowk (a square) along with Constables. It is alleged that at that time, the present Applicant and co-accused Mansoor Ali started abusing to Lallan Singh (PW6) in filthy language. They also assaulted him with a bamboo stick. Lallan Singh himself registered an offence against the Applicant and Mansoor Ali, investigated the offence and on completion of the investigation filed a charge-sheet against both the accused under Sections 294, 186, 353 and 506B, 34 of the Indian Penal Code. Charges were framed against them under Sections 294, 186, 353, 506 Part II of the Indian Penal Code.

(3.) To rope in both the accused, the prosecution examined as many as 8 witnesses. Statements of both the accused were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the guilt. 2 witnesses have been examined in their defence.