STATE OF H.P. Vs. DINA NATH

JUDGEMENT

(1.) This appeal has been preferred by State against judgment dated 17.11.2007, passed by learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P. in Criminal Appeal No. 36/10 of 2005, titled Dina Nath & Another Vs. State of H.P., whereby learned Additional Sessions Judge (herein after referred to as the 'first Appellate Court'), reversed the judgment passed by learned Additional Chief Judicial Magistrate, Ghumarwin, District Bilaspur, H.P. (herein after referred to as the 'trial Court') in case No. 337/1 of 1999/97, titled as State of Himachal Pradesh Vs. Dina Nath and Another, in case FIR No. 59 of 1997, dated 15.3.1997, registered under Sections 341, 323 read with Section 34 IPC in Police Station Hamirpur, H.P., wherein respondents were convicted by the trial Court under Section 323 and 341 IPC and sentenced under Section 323 IPC till rising of the Court with fine of Rs. 1,000/- and in default of payment thereof, to undergo simple imprisonment for 1 month and under Section 341 IPC till rising of the Court with fine of Rs. 500/- and in default of payment thereof to further undergo simple imprisonment for 15 days.

(2.) Prosecution case in brief is that complainant Yash Pal Singh was a practicing Advocate in District Courts Hamirpur and was having personal litigation with accused Dina Nath and also had accepted a case against daughter of Dina Nath and the said case was listed in Lok Adalat on 15.3.1997 at Hamirpur and on that day respondent Dina Nath had assaulted the complainant, regarding which a complaint was lodged by Yash Pal Singh with learned Chief Judicial Magistrate, Ghumarwin and thereafter, on the same day, respondent Dina Nath along with his son respondent No. 2 Vishal Puri and grandson of Dina Nath, Gaurav Walia (Juvenile), at around 4:45 P.M., had stopped and assaulted complainant Yash Pal Singh in the main Bazar, Hamirpur near the shop of Panwala after stopping the scooter being driven by complainant, when he was returning to his home situated at Shiv Nagar, Hamirpur. Immediately after the incident in market, the matter was reported to the Police in Police Station, Hamirpur and this intimation was entered in central diary as entry No. 18 at 5:30 P.M. and on the basis of the said information FIR Ex. PW-1/A was registered by Sub Inspector/Additional SHO Bihari Lal (PW-6) and complainant was medically examined through Medical Officer i.e. PW-8 Dr. Anjali Soni and PW-7 Dr. Wattan Singh on the very same day. PW-8 Dr. Anjali Soni had issued MLC Ex. PW-8/A, whereas PW-7 Dr. Wattan Singh, as an ENT Specialist, had issued MLC Ex. PW7/A after medical examination at about 7:30 A.M. Complainant Yash Pal Singh was also subjected to radiological examination and after having opinion of Radiologist, it was found that there was no fracture in the body parts, which were x-rayed and thereafter at about 8:15 P.M. complainant was also subjected to medical examination by Dental Surgeon PW-4 Dr. S.C. Aggarwal with respect to injury No. 1 and as per opinion of Doctors who had examined the complainant, Yash Pal Singh, all three injuries on the body of complainant were found simple in nature.

(3.) During investigation, on the basis of identification of complainant, site map of spot Ex. PW-6/B was prepared, statements of witnesses were recorded, blood stained clothes of complainant were taken in possession vide memo Ex. PW-1/B, in presence of witnesses and on completion of investigation, challan was prepared by SHO Gulab Singh.