STATE OF HIMACHAL PRADESH Vs. SANJEEV KAUSHAL

JUDGEMENT

(1.) This Criminal Appeal under Section 378 of the Code of Criminal Procedure has been preferred against judgment of acquittal recorded by the learned Chief Judicial Magistrate, Mandi, H.P.

(2.) In brief, the prosecution story is that on 18.8.2008 a complaint under Section 156(3) of the Code of Criminal Procedure was forwarded by the Court and received by the Police Station, Sadar, Mandi, wherein the complainant Rajesh Sharma had leveled allegations against one Rajinder Pal Kaushal and the respondent herein, that on 11.8.2008, the dog of the respondent had tried to bite him and though he managed to save himself, but in this process his pant worth Rs. 250/- was torn. It was also averred that even earlier the dog of respondent had attacked a number of persons in the locality. On the basis of this information FIR No. 412 of 2008 came to be registered against the respondent under Section 289 of Indian Penal Code.

(3.) The respondent was summoned and provided with the copy of challan. On finding a prima facie case against him, notice of accusation was put to him by the learned trial Magistrate, to which he pleaded not guilty and claimed trial.