STATE OF H. P. Vs. YOGINDER PAL

JUDGEMENT

(1.) Instant appeal filed under Section 378 Cr.PC, lays challenge to judgment dated 30.4.2008, passed by the learned Presiding Officer, FTC, Hamirpur, District Hamirpur, H.P., in Criminal Appeal No. 12 of 2007, reversing judgment of conviction dated 31.1.2007, passed by the learned JMIC Nadaun, in Criminal Case No. 106-II-2002, RBT No. 164-II-2003, whereby learned court below while holding the accused guilty of having committed offence punishable under Section 504 IPC convicted and sentenced him with Simple Imprisonment till the rising of the court and fine of Rs. 3,000/- and in default of payment of fine, to further undergo simple imprisonment for one day.

(2.) Briefly stated facts, as emerge from the record are that Police Station Nadaun received a complaint from medical officer PHC Dhaneta alleging therein that on 30.5.2002, at about 3:15 pm, respondent-accused namely Yoginder Pal (herein after referred to as "the accused") came to the hospital at Dhaneta and not only misbehaved with the patients, but also obstructed the complainant PW1 Dr. Sukhpal from checking the patients. Complainant also alleged that accused hurled abuses at Smt. Savitri Devi, w/o Sh. Julfi Ram and when aforesaid Julfi Ram questioned the accused, he was also abused by the accused. Complainant also alleged that the accused also abused Smt. Sharda Devi, staff nurse of the Hospital and obstructed/prevented her from discharging the public duty. On the basis of aforesaid complaint made by the complainant PW1, formal FIR Ext.PW8/A came to be registered against the accused under Sections 353 and 504 of IPC. After completion of investigation, police presented the challan in the competent court of law, who on being satisfied that prima facie case exists against the accused, put notice of accusation to him for having committed offence under Section 504 of IPC, to which he pleaded not guilty and claimed trial. Prosecution with a view to prove its case examined as many as eight witnesses, whereas accused in his statement recorded under Section 313 Cr.PC, denied the case of the prosecution in toto. He also led evidence in his support.

(3.) Learned trial Court on the basis of evidence collected on record by the prosecution though acquitted the accused for commission of offence punishable under Section 353 of IPC, but convicted and sentenced him till the rising of the Court under Section 504 of IPC.