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2011 Supreme(HP) 2298

SURINDER SINGH
State of H. P. – Appellant
Versus
Kartar Chand – Respondent


Advocates:
For the Appellant:Mr. A.K. Bansal Addl. Advocate General.
For the respondent:Mr. M.S. Guleria, Advocate.

JUDGEMENT

Surinder Singh, J.(Oral) The acquittal of the respondent is in question in this appeal filed by the State, for the offence punishable under Section 353 Indian Penal Code registered in terms of FIR No. 12/2002 dated 21.3.2002 in police Station Lamba Gaon.

2. Heard and gone through the record.

3. Respondent was put on trial on the allegations that on 21.3.2002 PW1 complainant Tarlok Chand being Pradhan of the Panchayat was receiving the old ration cards of the villagers and in lieu thereof, he was issuing new. The said work was going on in ‘Panchayat Bhawan’. At that time about 37 ration cards were to be replaced. Around 11.45 a.m., respondent reached in the Panchayat Bhawan and put a demand to the complainant to return his old ration card but the Pradhan told him that his new ration card was already handed over to one Tilak Raj by retaining the old one. On this, respondent became adamant and he tried to pick-up his ration card from the table of the Pradhan. In a bid to stop him, the complainant was caught hold of by the respondent from his neck and fisticuffed him. In the process, the old Ration card got torn. Thus, he complainant reported the matter to the police. His












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