STATE OF RAJASTHAN Vs. NATWAR SINGH

JUDGEMENT

(1.) This appeal, on leave being granted by this Court under section 37M, Cr.P.C., is directed against the judgment of the Judicial Magistrate First Class, Banswara, dated July 18,1986, convicting the accused respondent for the offence under sections 352 and 323, IPC and directing him to be released on probation for the said offences.

(2.) The case relates to the incident which took place on October 18, 1984 at 10.30 a.m. in Banswara. The prosecution story, in brief, was that on the date of incident Dr. D.A. Panda was on his round in the E.S.I. dispensary when the accused Natwar Singh approached him for a medical certificate. The doctor refused to oblige him and on account of this the accused assaulted him. A report of the occurrence was lodged by the Doctor at Police Station, Banswara, the same day at 12.00 noon. A case under sections 332 and 352, IPC was registered and investigation started. Upon completion of investigation the accused was challaned in the Court of Judicial Magistrate, Banswara. He was charged for the offence under sections 332 and 353, IPC. He pleaded not guilty and claimed to be tried.

(3.) After trial, the learned Judicial Magistrate, by his judgment dated July 18, 1986, acquitted the accused for the offence under section 332, IPC but convicted and sentenced him for the offences under sections 352 and 323, IPC and enlarged him on probation. The State of Rajasthan was not satisfied with the acquittal of the accused under section 332, IPC and has come in appeal in this Court.