( 1 ) THIS appeal is arising out of judgment of conviction and order of sentence passed in Sessions Case No. 175/94, dated 11th June, 1996. The learned Additional Sessions Judge, Amravati, held the accused guilty of offences punishable under Sections 332, 353 and 324 of Indian Penal Code and sentenced under Section 332 of Indian Penal Code for R. I. for six months and fine of Rs. 500/ -.

( 2 ) THE prosecution story is that the complainant Dadarao Sheshrao Bhumbar while serving in irrigation Department on Water supply Tanker and while performing the work of supply of water during the water scarcity, the accused person assaulted him with stick. According to the prosecution, the complainant tried to prevent the assault by use of iron rod known as Tomy, which effort of defence by the complainant also result in causing minor head injury to the accused person. According to the prosecution, the act of the accused in assaulting the complainant amounted to an act of causing assault and use of criminal force with an intention to deter the public servant from performing his official duty. The complainant reported the matter to the Police Station, Morshi and after recording the complaint, he was referred to the Medical Officer and the medical examination report was received. The Police filed charge-sheet under Sections 332, 353 and 324 of Indian Penal Code.

( 3 ) AS it is seen from the charge-sheet filed by the Police which is Exh. 16 of the sessions Trial, in fact, the imputations contained in the charge-sheet spelt out the allegations that the "assault was a result of the complainants having refused to provide water to the accused". After committal of case to Sessions Court and appearance of the accused, the learned Sessions Judge has framed the charge in which the imputations which were put against the accused in relation to offence under Sections 332, 353 and 324 read as follows :-"firstly, that on 6-5-90 at 4. 30 p. m. at prashant Colony, Morshi, you voluntarily caused hurt to Dadarao Sheshrao Bhumbar, who was discharging his duties as a public servant by distributing water to the public and thereby committed an offence punishable under Section 332, of the Indian Penal code and within my cognizance. ""secondly, that on the aforesaid date, time and place you assaulted Dadarao sheshrao Bhumbar, Government Driver on water Tanker No. MTG-2290, working under Irrigation Department of Government of maharashtra when he was discharging his duties of distribution of drinking water by the said Truck to prevent or deter such public servant from exercising his official duty or in consequence of your act of assault and thereby you have committed an offence punishable under Section 353 of the Indian Penal Code and within my cognizance. THIRDLY, that on the aforesaid date, time and place you have voluntarily caused simple hurt to Dadarao Sheshrao Bhumbar by means of stick and thereby committed an offence punishable under Section 324 of the Indian Penal Code and within my cognizance. And, I hereby direct that you be tried on the aforesaid charge. Dated this on 23rd day of February, 1996. "

( 4 ) THE substance of charge as can be spelt out is that- (i) Accused committed assault on Dadarao sheshrao Bhumbar; and (ii) The assault was committed with an intention to deter or prevent the complainant from discharge of his public or office duty and causing simple hurt by use of stick.

( 5 ) IN support of the charge, the prosecution had examined the PW-1-Complainant- dadarao as witness of the incident and in addition, the Doctor who had examined the complainant Dadarao to prove the nature of injuries. Other witnesses are relating to assignment of duties to the complaint and relating to Panchnama etc. The case thus rests on evidence of PW-1-Dadarao.

( 6 ) IN the oral testimony of PW-1-Dadarao, he has narrated the story of assault. However, Dadarao has not deposed in his statement that the act of assault caused either as a consequence of the complainants having d

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