STATE OF HIMACHAL PRADESH Vs. BALDEV DUTT

JUDGEMENT

(1.) The State aggrieved by the acquittal of the respondent, has filed the instant appeal.

(2.) Briefly stated, the case of the prosecution was that on 7.9.2005 at about 5.30 p.m. at place Sanoli, the accused/ respondent entered the house of the complainant Jagat Ram while carrying a stick in his hand and started hurling abuses on the complainant and his son Satish Kumar. Thereafter, the accused/ respondent tried to give a stick blow to the complainant, however Satish Kumar, son of the complainant and one Tota Ram intervened and snatched the stick from the hand of the accused/respondent. It was further alleged that at the given time, place and date, the accused/respondent gave fist and kick blows to the complainant and threatened him with dire consequences. The matter was reported to the police, pursuant to which FIR Ext.PW-5/A came to be registered against the accused/respondent. SI/SHO Chaman Lal conducted investigation and during the course whereof, he visited the spot, prepared site plan Ext.PW-6/A, took into possession a stick produced by the accused Baldev Dut vide seizure memo Ext.PW-1/B. Thereafter, the statements of the witnesses were recorded and on completion of investigation, challan was filed in the Court.

(3.) The accused was summoned and after supplying the copy of challan, notice of accusation for commission of offences punishable under Sections 451, 323 and 504 Penal Code was put to the accused/respondent, to which he pleaded not guilty and claimed trial.