STATE OF HIMACHAL PRADESH Vs. SITA RAM

JUDGEMENT

(1.) THE respondent was tried and acquitted for the offence under Sections 353, 504 and 506 of the Indian Penal Code by the trial court, which has been assailed in this appeal.

(2.) IN brief, the prosecution story is that on 10.11.1993, Kishori Lal, Kanungo, Halqa Ajmerpur was accompanied by Halqa Patwari Baldev Dass. They went to demarcate the land of Ramesh Kumar and PW2 Parkash Chand in village Lanjta, as per the directions of Tehsildar, Ghumarwin. After the demarcation of Khasra No. 628/131, owned by Budhi Singh and khasra No. 133 owned by the State of Himachal Pradesh, when the said Kanungo was preparing the report in the Verandah of the house of Budhi Singh, at about

(3.) THE prosecution examined Roshan Lal (PW1), Parkash Chand (PW2), Ashok Kumar (PW3), Inder Singh (PW4), PW5 Mehar Chand, PW6 Budhi Singh, Baldev Dass, Patwari (PW7), HC Prem Lal (PW8) and Sohan Singh (PW9). Respondent was also examined under Section 313 of the Code of Criminal Procedure. His case was denial simplicitor. According to him, Shri Parkash Chand is inimically disposed of towards him. Many cases were filed by him against the respondent. Since he is an employee of revenue department and PW Budhi Singh is the brother of Parkash Chand, due to this enmity, he has wrongly spoken against him.