STATE Vs. OM PARKASH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of the trial Court, whereby the respondent, who was sent up for trial for offences punishable under Sections 353 and 332 of the Indian penal Code, stands acquitted.

(2.) PROSECUTION version, as per record, may be stated thus. On 21.7.1995 the respondent went to Primary Health Centre, Rajnagar to seek treatment for some ailment. Dr. R.K. Sharma, who was present in the OPD, asked the respondent to pay 25 paise on account of OPD chit charges. He is alleged to have taken out a currency note of the denomination of rupees one hundred. When the doctor asked for payment in coins of 25 paise only, the respondent is alleged to have thrown the coins on his head and assaulted him. He (the respondent) is alleged to have picked up a 'Danda' and hit the doctor on his arm and leg and then dealt a fist blow on his lips.

(3.) PERUSAL of the testimony of PW-1 R.K. Sharma shows that there is no reason to disbelieve the same as the witness has categorically stated that first the respondent threw the coin at him and then assaulted and hit him with the 'Danda' and also dealt a fist blow. His statement is corroborated by the medico legal evidence, which is there on record in the form of testimony of PW-2 C.B. Singh and the medico legal report Ext. PW-2/A issued by him.