STATE OF HIMACHAL PRADESH Vs. ROSHAN LAL

JUDGEMENT

(1.) This appeal is filed by the State against the order of acquittal recorded by Sessions Judge, Hamirpur, on September 26, 1996, in Criminal Appeal No. 22 of 1995. By the said judgment and order, the learned Sessions Judge set aside an order of conviction and sentence recorded by the Additional Chief Judicial Magistrate, Hamirpur, on October 12, 1995, in case No. 32-II of 1994.

(2.) The case of the prosecution was that on May 22, 1993, PW-1 Rattan Chand was driving a bus belonging to Himachal Road Transport Corporation bearing registration No. HP-22-0579. The Bus was coming from Jangal Beri and was going to Shimla. According to the prosecution, when the bus reached at-village Bihad at about 10.15 a.m., the Respondent-accused, who was on his scooter came from the opposite direction. Though he gave pass to the scooterist, the rider stopped the scooter near the bus and without any reason or cause started giving bl^ws to the complainant on his head and his arm by opening driver window with the result that the complaipant-driver sustained injuries on his person^and could not ply the bus further. Thus, the accused prevented and deterred the complainant from discharging his duties as a public servant. The complainant reported the matter to the police by lodging his information, which was registered as First Information Report (Ex PA) under Section 154 of the Code of Criminal Procedure, 1973. On the basis of the said complaint, an offence was registered against the accused. After usual investigation, the Respondent-accused was charged for committing an offence punishable under Section 332 of the Indian Penal Code.

(3.) The accused appeared before the Court and denied the charge levelled against him of any offence being committed by him. His case was of total denial. In an examination under Section 313 of the Code of Criminal Procedure, 1973, he did not state anything more nor he led any evidence in his defence.