STATE OF HARYANA Vs. DES RAM

JUDGEMENT

(1.) THE State of Haryana is aggrieved by the judgment dated 24.1.1994 passed by the Additional Sessions Judge, Rewari, by which the respondents Des Ram and Rajender alias Pappi were acquitted of the charges under Sections 332, 333, 353 and 186 of the Indian Penal Code.

(2.) IN brief, the facts, which led to the prosecution of the respondents, are that on 4.8.1991, HC Radhey Shyam, while posted as Incharge of Guard at Railway Bridge, Ajarka, had come to Police Station Bawal for delivering a rapat roznamcha. On this way back, he got down at Kishanpura Railway Crossing from the bus at about 7.00 P.M. where the respondents, who were drunk, were calling each other by names. Radhey Shyam had advised them not to do so, on which they had caught hold of him and Des Ram gave a fist blow on his mouth. Rajender respondent had inflicted a blow on his head with a piece of wood Radhey Shyam had fallen on the ground and thereafter Rajender had given another blow on his right arm. Des Ram had also given a blow with a Kara on the nose of Radhey Shyam. On raising of alarm, Ishwar Singh and Raju were attracted to the spot and both the respondents on seeing them ran away from the spot. While doing so, they pelted stones, which hit Radhey Shyam on the face and head. Radhey Shyam had been removed to the Primary Health Centre, Bawal, where he was medico legally examined by Dr. G.S. Yadav PW3, who incorporated the result of the examination in the Medico Legal Report Ex.PC. He was also got radiologically examined from Dr. B.K. Sharma PW1, who in his report Ex.PA opined that the nasal bone of Radhey Shyam was fractured. Dr. V.S. Yadav of the Government Hospital, Rewari had found a fracture of the left maxilla molar region.

(3.) ON going through the papers sent up with the challan, when the Magistrate found that the case was exclusively triable by the Court of Sessions, he committed the same for trial, which led to the framing of charges under Sections 332, 333 and 353 of the Indian Penal Code, to which the respondents pleaded not guilty.