STATE OF H P Vs. TARA CHAND

JUDGEMENT

(1.) This appeal, by the State of Himachal Pradesh, is directed against the judgment, dated 26-7-1999, of learned trial Magistrate, whereby respondents-Tara Chand, Harish Kumar and Mithni Devi have been acquitted of offences, under Ss. 353 and 332 read with S. 34 of the Indian Penal Code, for which they were tried.

(2.) Case was registered against the respondents on a complaint of one Mathura Prasad, J.E., which he submitted to Assistant Engineer, Electrical Sub-Division on 17-10-1997. It was alleged in the complaint that on 15-10-1997 the complainant (Mathura Prasad) had gone to village Mana in Karsog Tehsil in the company of two other officials of the Electric Board, namely P.W. 1 Mast Ram and P.W. 2 Chet Ram and that when they went to the house of respondent-Tara Chand, they noticed that some flexible wire had been fixed to the meter and through that wire electricity was being consumed inside the house. He further complained that when, after removing that wire, he went to village Kelodhar, which is stated to be close to village Mana, and was at the house of one Bega Ram in connection with the checking of the electricity connection installed in that house, respondent-Tara Chand, accompanied by the other two respondents, namely Harsih Kumar (his brother) and Mithni Devi (his wife) came there and caught hold of him by his collar from behind and threw him down in a nearby field. He was then given beating by all the three respondents. Thereafter Bego Ram, his son Amar Singh and some other residents of village Kelodhar allegedly intervened and rescued Mathura Prasad. The Assistant Engineer, to whom the aforesaid complaint was submitted by Mathura Prasad, forwarded the same to the Station House Officer, Karsog on the same day. Police registered a case, under Ss. 353 and 332 read with S. 34 of the Indian Penal Code, against all the three respondents. Mathura Prasad was got medically examined. One abrasion, measuring 2x1 cm., was noticed on his right shin about 10 cm. below right patilla and its duration was opined to be within seventy-two hours. Medical examination was conducted on 18-10-1997, per testimony of P.W. 9 Dr. Ritu Sitak.

(3.) The respondents took the plea that Mathura Prasad had visited their house in their absence and had tried to molest a handicapped sister of respondents-Tara Chand and Harish Kumar and that on coming to know about the incident, they followed Mathura Prasad and questioned him about his conduct, upon which he (Mathura Prasad) tried to assault them.