STATE Vs. P.C. SHARMA

JUDGEMENT

(1.) This is a criminal reference made by the Sessions Judge, Simla, recommending that the order, dated 5th January, 1973, passed by the learned S.D.M. Rampur, discharging Shri P. C. Sharma Respondent be quashed and he be directed to proceed with the case in accordance with law.

(2.) Shri P. C. Sharma was posted as a Divisional Forest Officer, Kotgarh, in the year 1972 and Shri Thakur Singh was posted under him as a Deputy Ranger. On 27th March, 1972, the Respondent had called Shri Thakur Singh Deputy Ranger to his Divisional Office at Kotgarh, where Shri Thakur Singh reached at about 4.00 P.M. Since the Respondent was busy in his office Shri Thakur Singh waited outside. At about 6.00 P.M. the Respondent came out of his office and enquired from him (Shri Thakur Singh) where he had been for the last three or four days. He explained that he had gone in the interior to disburse wages to the labourers which had to be disbursed by 31st of March and that he had gone there under the orders of the Forest Ranger. On that the Respondent lost his temper and started abusing the Deputy Ranger Shri Thakur Singh who asked the Respondent not to abuse him and to take against him such departmental action as was permissible under the rules. The Respondent dragged Shri Thakur Singh to a room and then directed his peon to shut that room. The Respondent gave a push to Shri Thakur Singh as a result of which the latter fell down and a cane which he was carrying in his hand also fell on the ground. The Respondent then hit Shri Thakur Singh with that cane on his left ear as a result of which Shri Thakur Singh started bleeding from his injury. Shri Thakur Singh became unconscious for some -time as a result of bleeding. He got himself medically examined at Snowdon Hospital Simla and obtained a medical certificate. Thereafter he reported the matter to the Superintendent of Police on 4th April, 1972, for purposes of investigation.

(3.) On the challan being put up the learned Magistrate discharged the Respondent. It was observed that no sanction of the competent authority as required under Sec. 197 of the Code of Criminal Procedure had been obtained by the prosecution to prosecute the Respondent who was a public servant. Further that the medical certificate when originally issued by the Medical Officer on 3rd April, 1972, did not mention if the complainant had suffered any grievous injury. It was only on 28th April, 1972, on a request made by the S.H.O. Kumarsain that the Medical Officer opined that one of the injuries found on the person of the complainant was grievous. The learned Magistrate found that it was a concoction and in case there had been any grievous injury, the doctor must have recorded the same in the very first instance when he issued the medical certificate. Further the learned Magistrate took exception to the conduct of the complainant in getting himself examined at Simla when there were so many hospitals between Kotgarh and Simla where he could be examined. It was on these grounds that he discharged the accused.