STATE OF H.P. Vs. KARTAR SINGH

JUDGEMENT

(1.) RESPONDENT was tried by the Sessions Court for allegedly committing offences punishable under Sections 353, 333 and 506 IPC.

(2.) PROSECUTION version, as per record of the trial Court, may be summed up thus. Respondent and PW-1 Atma Ram were employed as Clerk and Second Headmaster, respectively, in Gindpur Malaun High School in the year 1989. PW-1 Atma Ram, Second Headmaster, used to officiate as Headmaster in the absence of the incumbent of the post of Headmaster, Sh. Arjun Singh PW-3. On 24th April, 1989, PW-3 Arjun Singh did not turn up upto 11.30 a.m. PW-1 Atma Ram assumed that PW-3 Arjun Singh might be on leave. Therefore, he called for the attendance register to find out if all the staff members had come to the school and marked their attendance. He found that the respondent, who was employed as a Clerk, was neither present in the school nor was his presence marked in the attendance register. So, he put some mark in the attendance register in appropriate space against the name of the On 27th April, 1989, PW-3 respondent indicating that he was absent. Arjun Singh called PW-1 Atma Ram to his Office. Respondent was already there. PTI Ram Lal was also in the Office of the Headmaster. Headmaster asked PW-1 Atma Ram as to who had put the mark against the name of the respondent in the attendance register indicating that he was absent on 24th April, 1989. Atma Ram PW-1 told that it was he who had put that mark. Respondent then allegedly pounced upon him, kicked and fisticuffed him and threw him on the floor of the Office. As a result of the beating given by the respondent, PW-1 Atma Ram sustained injuries, including fracture of rib.

(3.) TRIAL Court acquitted the respondent holding that the respondent and PW-1 Atma Ram were on inimical terms from before the occurrence and since the testimony of PW-1 Atma Ram had not been corroborated by any other witness, it was not safe to hold the respondent guilty solely on the basis of Atma Ram's testimony.