STATE OF H P Vs. GURMEDH BODH

JUDGEMENT

(1.) THE respondents were tried and acquitted for the offence under Section 353, 506 read with Section 34 of the Indian Penal Code which has been assailed in the instant appeal by the State. Heard and gone through the record of the case.

(2.) IN brief, the prosecution case is that on 11.4.1994, at about 9.45 a.m., Inspector Amar Singh complainant was on security duty at Bhunter Airport . The respondents came to the Airport to take the helicopter flight to Stingri in Lahaul. The complainant noticed the respondents exchanging some articles from the window of the terminal Hall. When he raised the objection, the respondents indulged into the arguments which ensued into the scuffle. It is alleged that the respondents caught hold the complainant from the neck of the shirt and tore it off. The buttons were also broken. They had also tried to Whether reporters of the Local papers are allowed to see the judgment? Yes. snatch the service revolver but in the meantime, Head Constable Gurdas Ram and Constable Bhup Singh intervened and relieved the complainant from their clutches. Inspector Anant Ram, was the Incharge of the Security, he reached there on hearing the noise. It was also informed that respondent Chhering Fungchok was boarding the helicopter in place of one Shri Nirmal Singh as disclosed by Mohar Singh Clerk of the office of Deputy Commissioner, Kullu.

(3.) BOTH the respondents were charge-sheeted as aforesaid but they pleaded not guilty and claimed trial. At the end of the trial, the respondents were acquitted and their acquittal has been challenged in this appeal.