P.K. Musahary, J.

1. Heard Mr. N. Choudhury, Learned Counsel for the appellant and also heard Mr. N. Lowang, learned PP for the State of Arunachal Pradesh.

2. This appeal is directed against the judgment and order dated 31.8.2007, passed by the learned Addl. District and Sessions Judge, FTC, Basar, Arunachal Pradesh, in BSR/SESS-311/2003, convicting the accused-appellant under Section 333 of Indian Penal Code and sentencing him to undergo rigorous imprisonment for 2(two) months and to pay a fine of Rs. 25,000 (Rupees twenty-five thousand) only in default for rigorous imprisonment for 1 (one) month more.

The prosecution story may be taken from the First Information Report (FIR) lodged by the informant Sri T.B. Singh, Principal of Government Hr. Section School, Boleng, dated 5.6.2001, with the Officer-in-Charge of Boleng Police Station in which it is stated that on 5.6.2001, at about 11:30 am, Sri Ojing Tasing, S/o Sri Tasong Tasing of Gandhi Village, Boleng, came to his office chamber for admission of one Sri Tamong Jerang in his school in Class-X from Geku Secondary School and when the informant refused to admit the said Jerang as student, the accused appellant Sri Ojing Tasing wanted to verify the admission register and came closer to the informant and attacked him. As stated in the FIR, the accused appellant attacked the informant on his face and dealt blows causing injuries on his forehead and face in presence of witnesses, namely Sri Tapor Mibang, ADEO, Boleng and other Teachers of the School, namely, Sri S.R. Chowdhury, subject-Teacher (Mathematics), Sri Tarak Mije, Junior Teacher and Mr. S. Arty Mibang, Assistant Teacher. On the basis of the said FIR, a case being Boleng P.S. Case No. 15/2001 under Section 448/353/333/506/34 of IPC was registered and the investigation was taken-up by the Officer in-Charge himself. After completion of the investigation, the Police laid charge sheet against the accused appellant under Section333/458/353/506/34 of IPC. The accused appellant pleaded not guilty and claimed to stand the trial.

3. The prosecution examined as many as 7 witnesses including the Investigating Officer and the Medical Officer. The informant himself was examined as PW1. According to him, PW2 to PW5 were present when the alleged incident took-place. The informant maintained the statements made in the FIR and stated that the accused-appellant suddenly gave a punch on his forehead and another blow at the lower jaw for which 2(two) of his teeth fell-out. One of the teeth was artificial and the other was already a loose one due to his old-age. Among the 4 eye witnesses cited by the informant, one of them namely PW2 Sri Tapor Mibang, ADEO, categorically stated, as follows:

...During that time, the accused came with a boy whom I know as Jerang for seeking admission of this Jerang boy. The Principal refused to give admission to this Jerang boy telling already refused him earlier also. The accused then argued with the Principal telling that he should show the records of the school admission; That time also the Principal refused to show the records and in the process, there arose some argument between the accused and the Principal. In the process of argument, the Principal picked up a wooden roller lying on table to beat the accused and the accused then pushed the Principal in the process of defending himself and the Principal who was sitting in the official revolving chair fell down on the floor. Since the Principal was lying on the floor and the accused was facing the Principal during which I saw from behind that the accused was raising his hand once towards the Principal. But I did not exactly see the accused bang blowing at the Principal as the things happened in the floor while I was at the behind. Sometimes, later I heard about breaking of teeth of the Principal. When I saw the accused being standing near the Principal, I dragged the accused outside the chamber of the Principal. Thereafter, the teachers and students ga