STATE OF H.P. Vs. ANIL KUMAR

JUDGEMENT

(1.) STATE has filed this appeal against the judgment of Sessions Court, whereby respondents Anil Kumar and Manjit Singh, who were sent up for trial for an offence, under Section 333 of the Indian Penal code, have been acquitted of the charge under the said provision of the Indian Penal Code, but convicted of the offence under Section 325 of the Indian Penal Code and sentenced to undergo imprisonment till the rising of the Court and to pay a fine of Rs.300/- each.

(2.) APPELLANT 's grievance is that evidence on record proves the charge under Section 333 I.P.C. against both the respondents and, therefore, they should have been convicted of the said offence and awarded deterrent punishment. In the alternative, it is stated that the punishment for offence, under Section 325 IPC awarded by the trial Court is ridiculous and the respondents should be awarded suitable punishment. Whether reporters of the local papers may be allowed to see the judgment?

(3.) AS per record, respondent Manjit Singh, who was engaged by respondent Anil Kumar to drive his taxi (Maruti Van), parked the said taxi at Bus Stand Dharamsala at the site meant for parking the buses entering the bus stand campus. Soon PW-2 Bidhi Chand, a driver of Himachal Road Transport Corporation, reached there with his bus. He wanted to park the bus at the site where the taxi had been parked, because there was no other space available. He asked respondent Manjit Singh to move aside the taxi. Respondent Manjit Singh did not agree to that. Then an altercation took place between Manjit Singh and PW-2 Bidhi Chand. In the meanwhile, Anil Kumar, the owner of the taxi reached there and he dealt a fist blow on the mouth of Bidhi Chand (PW2), as a result of which two of his teeth got broken. Bidhi Chand reported the matter to the police immediately. At 9.20 P.M he was got medically examined. His two teeth were found broken, in the course of medico legal examination. Those teeth had been picked up by Bidhi Chand (PW2) from the spot and were handed over by him to the police at the time of lodging of FIR.