STATE OF HIMACHAL PRADESH Vs. ARJUN SINGH

JUDGEMENT

(1.) This appeal is filed against the judgment and ordenpf acquittal recorded by learned Additional Chief Judicial Magistrate, Paonta Sahib, District Sirmaur, on August 14, 1996 in Criminal-Challan No. 116/2 of 95.

(2.) The case of the prosecution was that one Suresh Kumar was serving as a Pump Operator at Bhungarni Pump House of Giri Irrigation Sub Division, Paonta, Sahib. On June 10, 1995 at about 8.30 p.m , the complainant was at his working place, meanwhile Respondent-accused Arjun Singh came there and started abusing him. The accused also gave slap and fist blows. The complainant was rescued by Jagdish Chand, Dhani Ram and Paras Ram, who were present at the Pump House. The Incident was, thereafter, reported to the police by the complainant. A case was registered against the accused for offences punishable under Sections 353 and 506 of the Indian Penal Code. After usual investigation challan was submitted.

(3.) At the trial, the prosecution examined eight witnesses in support of its case, including eye witnesses, namely, PW-1 Suresh Kumar complainant, PW-2 Ranbir Singh and PW-3 Dhani Ram. It may be recalled that when PW-1 complainant was beaten by the accused, he was rescued by PW-2 Ranbir Singh and PW-3 Dhanii Ram. Medical evidence was produced and Medical Officer as well as Investigating Officer were examined.