STATE OF H.P. Vs. BALBIR SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment delivered by the Judicial Magistrate Ist Class (II), Dharamsala, acquitting the accused of having committed an offence under Section 353 of the Indian Penal Code.

(2.) COMPLAINANT Chandu Lal is the Pradhan of Gram Panchayat, Kalyara. He made a written complaint Ex.PW1/A to the police to the effect that on 4.4.1998 a meeting of the Gram Panchayat had been called and when the meeting was going in the Panchayat Ghar, Up-Pradhan Balbir Singh came there and started abusing the complainant. The accused was accompanied by a number of ladies. He came into the room, picked up a chair and attacked the complainant. Some people intervened and caught hold of the chair but it struck against the head of the complainant.. The accused thereafter again picked up the chair and hit the complainant as a result of which he fell down. When he got up one lady caught hold of him and the accused hit him with kick and fist blows and threatened the complainant that he would kill him. It is further stated that the fight took place because the accused was making a false allegation that the complainant had stopped the distribution of sugar. It would be pertinent to mention that neither the names of the persons present nor the names of any of the ladies alleged to be accompanying the accused were mentioned in the complaint. After investigation, challan was filed in Court. The accused pleaded not guilty and claimed trial.

(3.) PW 2 is Charan Dass, a Panch. According to him, in his presence the accused sat down on a chair and verbal abuses were exchanged between the accused and the complainant. Then the accused lifted a chair and attacked the Pradhan. The witness caught hold of the chair but the Pradhan fell down. Thereafter, they caught hold of the accused. In cross-examination, this witness has stated that his statement was recorded under Section 161 Cr.P.C. It would be pertinent to mention that in the statement so recorded, there is no mention of the accused having abused the complainant. Similarly, there is no mention that the accused lifted a chair and hit the complainant. Similarly in the said statement, there is no mention of the fact that the complainant fell down. He admits that the Secretary of the Gram Panchayat had filed some case against the accused and he is also a witness in that case and that both of them belong to different political parties. It would also be relevant to mention that this witness makes no mention of any ladies having entered the room along with the accused.