Decided on June 20,2013

Bhupal Singh Bhauriyal Appellant
Parsilal Verma Respondents


- (1.) An FIR was written by Bhupal Singh Bhauriyal, Chowkidar of U.P. Van Nigam to In-charge Station Officer, police station Kotwali Bageshwar, enumerating the facts contained therein that he looks after the trees, slippers and woods on behalf of the Uttar Pradesh Forest Corporation. On 10.08.1999, Parsilal Verma (accused) came to his Depot at 09:00 A.M. Parsilal Verma said that he was in need of 10 slippers. Parsilal requested to provide the same to him. The informant replied that he was a Class IV employee and he could not give the slippers to him without concurrence of the departmental officers. Parsilal Verma started abusing the informant and also threatened him that he (Parsilal) was not only a respectable citizen but was also a good Journalist. He will see that the informant did not remain in service, if he did not provide slippers to him (Parsilal Verma). Bhupal Singh Bhauriyal did not provide the slippers to Parsilal Verma, who caught hold of the informant and assaulted him with fists. Since no action was taken by the police on his application dated 11.10.1999, therefore, Bhupal Singh Bhauriyal filed a criminal complaint on 26.10.1999 against the accused Parsilal Verma in respect of offences punishable under Sections 323, 504, 506 of IPC. After the statements under Sections 200 and 202 of Cr.P.C., the accused was summoned to face the trial in respect of the offences complained of against him. Charge for the selfsame offences was framed against Parsilal Verma on 19.08.2000, to which he pleaded not guilty and claimed trial.
(2.) Pw1 Bhupal Singh, PW2 Harish Chand Pathak and PW3 Bishan Singh were examined on behalf of the complainant. Evidence was put to the accused under Section 313 of Cr.P.C., in which he said that he was falsely implicated by the complainant. After considering the evidence on record, learned Chief Judicial Magistrate, Bageshwar, exonerated Parsilal Verma of the offences complained of against him, vide order dated 26.05.2001. Aggrieved against said order, present criminal appeal was filed by Bhupal Singh Bhauriyal.
(3.) Pw1 Bhupal Singh, in the statement under Section 244 of Cr.P.C., supported complaint story. PW2 Harish Chand Pathak said that Parsilal Verma was asking for 10 slippers from Bhupal and when Bhupal declined, Parsilal Verma threatened Bhupal and assaulted him. PW3 Bishan Singh also said that Parsilal Verma assaulted and threatened Bhupal Singh in his presence. Accused said that he had highlighted an incident against PW2 and PW3, which incident took place 10-12 years ago, in the newspaper. That incident related to the assault, in which S.D.M. and Excise Inspector were involved. PW2 and PW3 were also involved in the harassment of a woman, the case relating to which was pending in Didihat. Accused also said that PW2 and PW3 gave the evidence against him on account of previous enmity.;

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