STATE OF H.P. Vs. INDER DUTT

JUDGEMENT

(1.) THIS appeal is directed against the judgement of acquittal, dated 17.12.1999, recorded by the learned Chief Judicial Magistrate, Solan, in Criminal Case No. 162/2 of 1993.

(2.) THE facts in brief are that Inder Dutt accused was prosecuted for having committed offence under Section 324, 506 IPC. The allegations against him are that on 2.5.1993 at about 8.30 p.m. at place Shaya under Police Station, Dharampur while complainant Prem Singh was taking water from tap, the accused turned up there and asked the complainant to remove his tin, which was placed under the tap. The accused removed the tin belonging to the complainant and also attacked him with a knife, causing injuries on the chest of the complainant. PW 7 Hira Devi was on the spot and is a witness to the incident. The accused had also criminally intimidated the Whether the reporters of the local papers may be allowed to see the Judgment? complainant. A rapat, Ex. PW 5/A, was recorded at Police Post, Dagsai and subsequently FIR Ex. PW 9/A was registered at Police Station, Dharampur. The injured was medically examined, vide MLC Ex. PW 4/A. After completion of investigation, challan was put up in the court and accused was charged under Sections 324, 506 IPC.

(3.) I have heard the learned counsel for the parties and gone through the record. The learned Additional Advocate General has submitted that the court below has not properly appreciated the material on record. The prosecution has proved the case against the accused. The learned counsel for the respondent- accused has supported the impugned judgement and submitted that accused has been falsely implicated in the case. In fact, it was the complainant who gave beatings to the accused and to this effect matter was reported to the police, vide rapat Ex. PW 5/C. He has submitted that a possible view has been taken by the court below on the basis of the material on record.