STATE OF H.P Vs. RADHEY SHAYAM

JUDGEMENT

(1.) THE respondent was acquitted for the offence punishable under Sections 323 and 325 by the learned Trial Court in Criminal Case No. 85 -1/2008/155 -II/2008 decided on 15.7.2008 which has been challenged by the State in this appeal.

(2.) IN short, prosecution case can be stated thus. On 27 February, 2008 at about 4.00 PM the Respondent was a worker in "Ram Temple" at Manikaran. He was confronted by complainant Sobha Ram, a drum beater of the temple. The Respondent allegedly used provocative language and picked up a wooden plank and dealt a blow on the face of the complaint with the result he fell down and sustained injuries. Jagdish Sharma and Shayam Lal, who were present nearby, intervened and saved the complainant from the clutches of the Respondent. Since the complainant had sustained injuries, he was removed to CHC, Manikaran for treatment and the matter was reported to the police. The police recorded the statement of the complainant under Section 154 of the Code of Criminal Procedure which culminated into the present FIR.

(3.) AFTER the completion of the investigation, the police finalized the challan against the Respondent for the aforesaid offences for which he was charge sheeted. The Respondent did not plead guilty and claim trial.