STATE OF HIMACHAL PRADESH Vs. LIAK RAM

JUDGEMENT

(1.) THE respondent herein, faced the trial before the learned Judicial Magistrate, for the offences punishable under Sections 341, 324, 323 and 506 of the Indian Penal Code. Vide the impugned judgment, he was acquitted. The State felt aggrieved and filed the instant appeal, on the ground that the trial court has appreciated the evidence in a slip-shod and perfunctory manner and has set an unrealistic standard to evaluate the direct and cogent evidence of the prosecution.

(2.) THE factual matrix of the instant case is that the respondent Liak Ram is a Lower Division Clerk and the complainant Ramesh Kumar, is an Assistant Engineer in the Himachal Pradesh State Electricity Board. Both were residing at the same place, but in the different buildings. It is alleged that on 12.11.1998, at about 9.30 p.m., when the complainant was coming from the house of Shri Bhandari Ram Gautam, A.E.E. of their department and was going towards his own residence, the respondent met him in the front of his quarter and told that "TO BADA SDO BANTA HAI YEH TERI SARI THACH THACH SADA KE LIYE BAND KAR DOONGA". Thereafter, the respondent caught hold the complainant, gave blow on his left eye, which caused swelling. This incident was alleged to have been witnessed by Darshan Singh Gill, Surinder Singh and Bhandari Ram Gautam. On 13.11.1998, at about 6.30 p.m., the complainant after his duty was again going to the house of Bhandari Ram Gautam, he was restrained by the respondent. He caught hold of him from his neck and gave fist blow on his neck and tore off his shirt and also gave teeth bite causing bleeding injury on his neck.

(3.) THE police lodged a formal FIR and started investigation. In that process, recorded the statements of the witnesses, drew the site plan and also took into possession the shirt of the complainant Ext.P1. After completing the challan, it was presented in the court, for trial, under Sections 341, 324,323 and 506 of the Indian Penal Code.