STATE OF H P Vs. SARWAN SINGH

JUDGEMENT

(1.) Present criminal revision petition filed under Sections 397 and 401 read with Section 482 of the Code of Criminal Procedure is directed against the judgment of acquittal dated 8.7.2008, rendered by the learned Sessions Judge, Hamirpur, H.P., in Criminal Appeal No. 46 of 2007, affirming the judgment of acquittal dated 30.5.2006 passed by the learned Judicial Magistrate, Ist Class, Court No.1, Hamirpur, HP, in Police Challan No. 44-II-1999.

(2.) Briefly stated facts as emerged from the record are that on 20th November, 1998, S/Sh. Gian Singh, Assistant Mining Inspector (PW3), and Ved Parkash, Mining Guard (PW1) had gone towards Dosarka area for inspection purpose on their official duty. They found unauthorized mining going on there. They inquired from the Munshi/Clerk of the contractor Saligram, namely Shiv Prasad to produce M-Form Book. As per the complainants (PW1 and 3), when they were returning with the M-Form Book, the accused-Sarwan Singh came from behind and assaulted them with 'danda' and caused injuries to them. Aforesaid officials filed the complaint Ext.PW1/A before the Mining Officer, Hamirpur, who in turn filed complaint Ext.PW8/A, enclosing therewith complaint Ext.PW1/A before the police on November 20, 1998. Police on the basis of aforesaid complaint, registered the FIR Ext.PW4/A. ASI OM Chand investigated the matter and prepared the site plan Ext.PW6/A after visiting the spot. He also took in possession receipt book Ext.PB from (PW1)Ved Prakash vide memo Ext.PW1/B. Record further reveals that aforesaid officials were medically examined. Police also procured their transfer orders Ext.PW7/A and Ext.PW7/B respectively, which was produced by PW1 Ved Prakash to the Police vide memo Ext.PW7/C. Police after recording the statements of witnesses under Section 161Cr.PC prepared the challan and presented the same before the Court of learned Judicial Magistrate, Ist Class, Court No.1, Hamirpur.

(3.) Feeling aggrieved and dis-satisfied with the judgment passed by the learned trial Court, present petitioner-State filed Criminal Appeal before the Court of learned Sessions Judge, Hamirpur, H.P., however, the same was dismissed. Hence this criminal revision petition before this Court.