STATE OF H.P. Vs. VIRENDER KUMAR

JUDGEMENT

(1.) THIS appeal has been filed against the judgement of acquittal, dated 5.7.1997, passed by the learned Judicial Magistrate (II), Hamirpur, in police challan No. 92-1-93, acquitting respondents, under Sections 332, 506 read with Section 34 IPC.

(2.) THE prosecution case in brief is that PW 1 Suresh Kumar Dhiman, Medical Officer, Ayurvedic Hospital, Bijhari on 10.6.1993 made a written complaint Ex. PW 1/A to police at Police Station, Barsar that on 9.6.1993 at about 10.30 a.m. he was working as Medical Officer at Ayurvedic Hospital, Bijhari, Jagjit Singh (deceased), Narayan Singh, Bhisham Singh accused- respondents Whether the reporters of the local papers may be allowed to see the Judgment? entered in his room in the hospital and they pounced upon him, as a result of which the buttons of his shirt were broken, they caused obstruction in discharging his duties as public servant. He was rescued by Shyam Dass, Suresh Kumar, Ram Dassi, Smt. Brahmi Devi, Narayani Devi and a sweeper. The respondents threatened him to do away with his life as and when he would visit Bangana. Thereafter respondents left the place using foul language. The respondents are on inimical terms with the complainant, as he does not direct the patients to purchase the medicines from the medical store run by the respondents. The complainant suffered injuries on his neck and chest in the incident. On this, rapat Ex. PW 8/A was entered and FIR No. 46 of 1993 came to be registered at Police Station, Barsar, under Sections 353, 332, 504, 506 read with Section 34 IPC. The complainant was medically examined by PW 11 Dr. Bhishan Dhiman, who issued MLC Ex. PW 11/A. After completion of investigation, challan was put up against deceased Jagjit Singh and the respondents and they were charged, under Sections 332, 506 read with Section 34 IPC. The respondents pleaded not guilty and claimed trial. The prosecution examined 13 witnesses. The statements of respondents were recorded, under Section 313 Cr.P.C. The respondents examined two witnesses, namely DW 1 Ishwar Dass and DW 2 Jagdish Chand in defence. The learned trial court acquitted the respondents, hence, State is in appeal.

(3.) PW 1 Suresh Kumar has stated that on 9.6.1993 at 10.30 a.m., he was examining patients in his office, all of a sudden respondents entered there and caught hold him from neck and his shirt was torn. He pressed the bell, respondents caught hold his hand. On hearing the bell, Ram Dass, Suresh Kumar, Brahmi Devi and Narayani Devi rescued him. The respondents abused him as well as threatened him. The respondents told him to send the patients to them. He reported the matter to S.D.M., and later on to police as well as the department. The police came on the spot. He was medically examined at Barsar. In cross-examination, he has stated that he was caught from the neck by Jagjit Singh through collar. He did not have any talk with the respondents and there was no dispute between him and the respondents prior to the occurrence. He has admitted having written Ex. D-3 and has also stated that Ex. D-4 is written by a patient who was admitted there.