Surjit Singh, Judge (Oral):-By this judgment it is proposed to dispose of Criminal Revision No.91 of 2006, filed by Jakir Hussain, hereinafter called accused, as also Criminal Appeal No.76 of 2002, filed by the State against the judgment dated 8.6.2001 of the trial Court, whereby accused Jakir Hussain has been convicted of offence, under Section 324 IPC instead of offence, under Section 332 IPC, with which he was charged and two more persons charged and tried alongwith him, have been acquitted.

2. Relevant facts may be summed up thus. Police filed a report, under Section 173 Cr. P.C. against accused Jakir Hussain and two other persons, under Sections 341, 353 and 332 read with Section 34 IPC alleging that on 1.10.1999 around 8.15 PM, when PW-8 Constable Prem Singh, posted at Ramshahar Police Station, was returning to his quarter, he was affronted by Jakir Hussain and one more unnamed person, near bus stand. They asked said Prem Singh why he had falsely implicated them in police cases. When PW-8 Prem Singh told them that he had not implicated anybody in any criminal case, accused Jakir Hussain allegedly hit him on the head with a rod, which caused a bleeding injury and the