STATE OF HIMACHAL PRADESH Vs. BHUMI SINGH

JUDGEMENT

(1.) The instant appeal has been admitted only against Bhumi Singh respondent, against his acquittal passed by the learned trial Court, for the offences punishable under Sections 147, 149, 353, 332 and 506 of the Indian Penal Code, hence this appeal by the State.

(2.) The prosecution case, in brief, can be stated thus. On 4.7.2002, PW3 ASI Tej Ram of Police Post Chirgaon alongwith police officials, PW5 Jia Lal Negi, Pradhan, PW6 Shetu Lal, Member, PW4 Mahavir Singh and PW7 Rattan Sain were present in village Janglikh, to enquire into the complaint of the villagers Diudi and Whether reporters of local papers may be allowed to see the judgment? Janglikh villages, with respect to blocking the path by raising a wall in front of the house of respondent Bhumi Singh. Apart from the aforesaid persons, 40-50 villagers were also present on the spot.

(3.) ASI Tej Ram started interrogation of respondent Bhumi Singh around 6.30 p.m., regarding narrow-downing the path, but he lost his temper and questioned the authority of the Police Officer and threatened him to see later. Bhumi Singh is alleged to have pushed ASI Tej Ram. He fell down and the other members of the family of Bhumi Singh, namely Savitri Devi, Hari Sain, Rukmani and Kundan Lal scuffled with the Police Officer and abused him. PW1 Constable Dinesh Kumar and PW5 Jia Lal Negi, Pradhan relieved him from the clutches of the respondent and his family members. Tej Ram complainant sustained injuries on his left arm, middle finger and knee and the left hip. He lodged a report against respondent Bhumi Singh and his family members to the effect that he was deterred to discharge his duties as a public servant and for having given beatings.