RAJESH SINGH BHANDARI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This criminal revision has been filed by the revisionist against the judgment and order dated 20.9.2006 passed by the learned Sessions Judge, Uttarkashi in Criminal Appeal No. 13 of 2005 whereby the learned Sessions Judge has confirmed the judgment and order dated 23.5.2005 passed by learned Judicial Magistrate, Uttarakashi convicting the revisionist under Sections 353 and 504 IPC and thereby sentencing him for two years of rigorous imprisonment on each counts and fine of Rs. 2,500/- each. Aggrieved, the revisionist has filed the present revision before this Court.

(2.) The case of the prosecution is that when on 25.4.2003 examination was being conducted in the College premises of Government Post Graduate College in Uttarkashi, the accused/revisionist before this Court, namely, Rajendra Singh Bhandari entered the premises under influence of liquor, and started abusing the members of the flying squad who were deputed in the college premises, and later also the members of the teaching staff of the College. Consequently, the First Information Report was lodged at Police Station on 25.4.2003 by the Principal of the College, namely, Dr. (Km.) Harshwanti Bisht. After the investigation, police filed chargesheet and consequently the learned Sessions Judge framed charges under Sections 353, 504 and 506 IPC while it discharged the accused/revisionist under Section 332 IPC. Accused/revisionist faced the trial and was convicted under Sections 353 and 504 IPC and thereby sentenced for two years of rigorous imprisonment in each Section and fine Rs. 2,500/- each. The accused/revisionist was acquitted of the charges under Section 506 IPC.

(3.) Prosecution in order to establish its case had presented Dr. (Km.) Harshwanti Bisht, the complainant as PW1, who stated that on 25.4.2003 when he was posted as Principal in the said College and the examination of second schedule was to commence at about 3 PM, the accused/revisionist who was under the influence of liquor entered the College premises. He was initially asked to leave the College premises since he was not to appear in any examination. He, however, misbehaved with the members of the flying squad and started abusing them and also started hitting them.