D. P. Sood, J — Order of acquittal dated 15-10-1987 passed by the learned Judicial Magistrate 1st Class, (II), Shimla, has been challenged by the State of Himachal Pradesh through this appeal.

2. Shortly stated the prosecution case is that Dev Raj PW-1, a public servant, while discharging his official duties, was assaulted by the accused (respondent) on July 21, 1986 at about 6 a m at village Dargi in Tehsil Suni, District Shimla At the material time PW-1 was employed as a driver in a bus bearing registration No. HIH 444 belonging to the Himachal Road Transport Corporation He had been deputed to ply the bus to and fro from Shimla to Dargi, Uttam Chand PW-2 was the conductor of the said bus. It is the case of the prosecution that bus had reached village Dargi in the night time on the said date. On the following morning i. e., on July 21, 1986, he was informed by his conductor PW-1 that the tyre of the bus had been punctured by someone. Both had slept in the bus in the intervening night of 20th and 21st July, 1986. On receiving this information PW-1 woke up and started changing the tyre. The bus was to proceed to Shimla at 7.30 a m. in routine. The allegations further is that