STATE OF H.P. Vs. LEKH RAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 14.5.1996 passed by the learned Judicial Magistrate 1st Class, Bilsapur whereby the accused -respondents (here -in -after referred to as the accused) have been acquitted of the charge under Sections 353/332 read with Section 34 of the Indian Penal Code.

(2.) Case of the prosecution, in brief, is that on 12.9.1994 at about 9 AM the accused at Namohal stopped bus No.HP -24 -4504 driven by PW -5 Karam Singh. Since the bus was over -loaded, therefore, while stopping the bus driver told the accused persons to sit on the roof of the bus or get inside the bus if there is any space. On this accused Des Raj opened the drivers window and dragged PW Karam Singh the driver out of the bus and threw him on the ground. Accused Lekh Ram gave foot blows on his waist whereby the complainant Karam Singh sustained injuries. He was saved from the accused by Rattan Chand, Chhota Ram, Daulat Ram and Gulab Ram. The matter was reported by PW Karam Singh to the police vide daily diary report Ex. PW -2/A on the basis of which formal F.I.R. Ex.PW -3/A was recorded in Police Station Barmana. During the course of investigation the police got PW -5 Karam Singh Medically examined and vide Report Ex.PW -1/A issued by PW -1 Dr. Dharmendar Dogra, Karam Singh was found to have sustained four injuries which were simple in nature and as per the opinion given by PW -1 were caused with a blunt weapon. Accused Lekh Ram was also got medically examined and was found smelling liquor. The certificate about appointment of Karam Singh as a driver Ex.PW -4/A and copy of Log Book Ex.PW -8/E were also taken in possession by the police. On the basis of the material collected during the course of the investigation the officer Incharge, Police Station Barmana submitted a charge -sheet against the accused under Sections 353, 332 read with Section 34 of the Indian Penal Code. The accused were tried by the learned Judicial Magistrate 1st Class, Bilaspur on a charge under Sections 353, 332 read with Section 34 of the Indian Penal Code.

(3.) To prove the charge against the accused prosecution examined 8 witnesses.