SH. GUDDU Vs. SH. TARA CHAND AND ANR.

JUDGEMENT

(1.) THE Petitioner challenges the judgment and sentence of the learned Additional Sessions Judge, Mandi affirming the judgment and sentence passed by the Sub Divisional Judicial Magistrate, Karsog, sentencing the Petitioner to undergo simple imprisonment for a period of one year, fine of Rs. 1000/ - for offence under Section 7 of the Protection of Civil Rights Act, 1955 (herein after referred to as "Act") and sentence of one month for offences under Section 506 of the Indian Penal Code (sic of imprisonment). The Court has not clarified whether it is rigorous or simple imprisonment. In appeal, the learned Additional Sessions Judge, Mandi has affirmed this finding on the basis that the Petitioner and four of the witnesses produced by the complainant substantiate the commission of offences.

(2.) LEARNED Counsel for the Petitioner submits that the evidence of prosecution on record, even if taken on its face value, does not prove any offence under Section 7 of the Act which reads:

(3.) PW -3 Sh. Nand Lal (who was also examined as CW 2 before issue of process) who according to the complainant was also present at that time and intervened in the verbal altercation between the Petitioner and the complainant, has not supported the case of the complainant. All he says is that he was also invited to the wedding and around 4.00 P.M. in the evening, the Petitioner herein came and started quarreling with the Pradhan (complainant). He then says that one Sh. Man Dass, who was also sitting there, separated both of them. Sh. Man Dass has not been examined as a witness. PW -3 Sh. Roop Lal states that he was also present at the wedding and when all of them were taking food, accused started quarrel with the complainant. PW -4 Sh. Hira Singh also does not support the case of the prosecution. All he says is that the Petitioner started quarreling, pushing the complainant and shouting at him and told that he would finish him. All the witnesses say that both the complainant and the accused entered into a quarrel and used some hot words in anger.