STATE OF H P Vs. SURESH MEHTA

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 28.2.2008 by the learned Sessions Judge, Shimla, H.P. in Criminal Appeal No. 54-S/10 of 2007, whereby the learned appellate Court while reversing the findings of conviction recorded on 31.10.2007 by the learned Judicial Magistrate, 1st Class, Theog, District Shimla, H.P., in case No. 322-1 of 2006 acquitted the respondent (for short 'accused') for the offences charged.

(2.) The brief facts of the case are that on 1.9.2006 the complainant alongwith Virender Singh came to the police Post, Deha at about 11.30 a.m. and had reported that he alongwith Ram Lal had come to the shop of one Bihari at about 11.00 a.m. It is further averred that the accused was also sitting inside the shop. On seeing the complainant the accused started abusing him. The accused has threatened him that earlier also he had taught him a lesson and now he will not leave him. It is also averred that the accused had also threatened him to do away with his life. On being objected to such acts, the accused picked up a glass kept on the table and had thrown the same on him. The glass had struck against his arm owing to which he had received injuries on his arm. It is averred that thereafter the accused caught hold of the complainant from his neck and gave beatings to him.

(3.) The accused stood charged by the learned trial Court for his committing offences punishable under Sections 324 and 506 of the Indian Penal Code, to which he pleaded not guilty and claimed trial.