STATE OF H.P. Vs. CHAIN SINGH

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 18th January, 2000 passed by the Judicial Magistrate, Ist Class, Bilaspur in Criminal Case No.149/2 of 1997 titled as State Vs. Chain Singh acquitting the accused of the charged offence under Sections 323, 325 and 506 of the Indian Penal Code.

(2.) F .I.R.No.150/97 dated 1st October, 1997 was registered with Police Station Barmana, H.P. under Sections 325,323 and 506 I.P.C. on the basis of complaint rapat Ext.PW-8/A. As per the case of the prosecution, on 27th September, 1997 when the accused parked his vehicle in front of the complainant house he started playing the Tape Recorder at a high volume to which Jagdish Singh ( PW-6) 1 Whether reporters of Local Papers may be allowed to see the judgment? objected and requested him to play the same at low volume. The accused insisted on the same being played at high volume and threatened him of dire consequences. On 28th July, 1997 at about 11.30 A.M. when the complainant was on his way to have his meal at the local hotel, he met the accused and inquired as to why he was quarreling with his father to which the accused gave a blow on the mouth and blood started oozing from the wound. On raising hue and cry, Amar Jeet Singh (PW-3) came on the spot and rescued PW-1. The accused also threatened PW-1 of dire consequences. The Investigating Officer got the accused medically examined which showed that the complainant sustained grievous and also simple injury on his body.

(3.) THE prosecution, in all examined eleven witnesses to prove its case. The statement of the accused under Section 313 Cr.P.C. was also recorded.