STATE OF HIMACHAL PRADESH Vs. BHAGAT RAM

JUDGEMENT

(1.) This is an appeal against the judgment dated 3-2-1996 passed by the learned Judicial Magistrate Ist Class, Bilaspur whereby the accused-respondents (hereinafter referred to as the accused) have been acquitted of the charge under Sections 353/34, 332/34 and 506/34, IPC.

(2.) Case of the prosecution, in brief, is that on 19-5-1992 PW 1 Thakur Ram being the then P.T.I. in Government Middle School, Makri was taking the class of social work of VIII standard and another teacher PW 5 Balwant Singh was also present there for the same purpose, at that time, the accused entered into the school premises and inquired from PW Thakur Ram Chandel as to why he had beaten up their children. He denied the beatings to the children, whereupon the accused started giving him blows with fist, legs and dandas. They also threatened said Thakur Ram to do away with his life. On alarm having been raised by PW Thakur Ram, PW 5 Balwant Singh went to the Head Master and thereafter PW 10 Ashok Kumar Sharma, PW 2 Janardhan Dutt Shastri and PW 3 Pushpa Sen teachers came to the spot. On seeing them coming to the place of occurrence, the accused ran away leaving the dandas they were armed with on the spot. The occurrence was reported to the police by PW 1 Thakur Ram vide Daily Diary Report Ex. PW 1/B whereupon formal FIR Ex. PW 9/A came into being under Sections 353/34, 506, IPC in Police Station, Kot Kehloor. During the course of investigation, PW 1 Thakur Ram Chandel was not medically examined and MLC in this regard is Ex. PW 7/A prepared and issued by PW 7 P.K. Mukesh. The office order regarding posting of PW 1 Thakur Ram in the said school Ex. PW1/F and the certificate about his being an employee of the H.P. Education Department Ex. PW 6/A were taken in possession by the police. Shirt Ex.P1 which Thakur Ram is stated to be wearing at the relevant time, was produced by him to the police which was also taken into possession vide memo Ex.PW 1/B. On production by accused Kundan Ram, the police also took in possession danda Ex.P2 in possession vide memo Ex. PW 1/C. Another danda Ex. P3 produced by accused Bhagat Ram was taken in possession vide memo Ex. PW 1/D and third danda Ex.P4 on production by accused Khawaju Ram was also taken into possession by the police vide memo Ex. PW 1/E. After collecting the material and on being satisfied of the commission of offence by the accused, the officer incharge, Police Station, Kot Kohloor submitted the charge-sheet who came to be tried by the learned Judicial Magistrate Ist Class , Bilaspur on a charge under Sections 353/34, 332/34 and 506/34, IPC. The trial finally concluded in acquittal of the accused . Hence this appeal.

(3.) I have heard the learned Addl. Advocate General.