STATE OF H P Vs. MAHINDER SINGH

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgment of 8.8.2008 rendered by the learned Sessions Judge, Kinnaur at Rampur Bushehar, H.P camp at Reckongpeo in Criminal Appeal No. 02 of 2007 whereby he while reversing the verdict recorded by the learned Chief Judicial Magistrate, Kinnaur at Reckongpeo, acquitted the respondent (for short "accused").

(2.) Brief facts of the case are that the Complainant Shri Khojeshwar Singh is the conductor with HRTC and on 30.11.2003 he was deputed to cater Kaza-Shimla Bus bearing No. HP-25-0763. Shri Neel Kamal was the driver of the bus. At about 9.00 p.m when the aforesaid bus was reached Tapri stop accused boarded the bus. When the bus reached near Piwa Stone Crusher plant the complainant asked the accused for tickets, the accused started quarrelling with him and then slapped him. In this assault, the bag containing cash and tickets held by the complainant fell down.

(3.) Notice of accusation stood put to the accused by the learned trial Court qua his committing an offence punishable under Section 353 of the Indian Penal Code to which he pleaded not guilty and claimed trial.