STATE OF HIMACHAL PRADESH Vs. KEHAR SINGH

JUDGEMENT

(1.) Being aggrieved the State of Himachal Pradesh preferred the present appeal against the judgment dated 1.6.1995 passed by the learned Sub Divisional Judicial Magistrate Sarkaghat, whereby the respondent accused (hereafter referred to as the accused) has been acquitted of a charge under Section 452,353,504 and 506 of the Indian Penal Code.

(2.) Prosecution case against the accused is that on 12.8.1989 at about 4.30 p.m. accused entered the Panchayat Office situate at village Dhalara while carrying a stick in his hand. After entering the Panchayat Office, he obstructed the proceedings of the Panchayat by abusing the Secretary of the Panchayat, namely, Sunder Singh (PW -7) and snatched away some papers and tore them. He further threatened the Secretary and the President of the Gram Panchayat, namely, Khazan Singh (PW -1) to kill them. The incident was reported to the police vide complaints Exts.PW -1/A and PW -l/B and formal F.I.R. Ext.PW -1/C was recorded at Police Station, Sarkaghat. During the course of investigation, the Investigating Officer took Danda Ext.P -1 in possession vide Memo Ext.PW -14/A, torn pieces of the applications Ext.PW -1/C and Ext. PW -l/E were also taken in possession vide memo Ext.PW -1/D. The papers concerning appointment etc. of PW -7 as Secretary of the Gram Panchayat were also obtained by the Investigating Officer. On being satisfied on the basis of the material collected during investigation, including the statements of the witnesses under Section 161 Cr.P.C, the Officer -in -Charge, Police Station, Sarkaghat, submitted a charge sheet against the accused under Sections 452, 353, 504 and 506 I.P.C. The accused however, was charged for the commission of offence punishable under Section 452,353,504 and 506 I.P.C.

(3.) To prove the charge against the accused the prosecution examined as many as 16 witnesses. The accused in his statement under Section 313 Cr.P.C. denied the prosecution case and claimed that the case has been falsely instituted against him because the Pradhan of the Gram Panchayat concerned has inimical relations with him due to panchayat elections. The accused, however, did not lead any evidence in defence. On the basis of material brought on record the learned trial Magistrate came to the conclusion that the allegations levelled against the accused by the prosecution were doubtful and accordingly acquitted the accused. Hence, this appeal.