State of Himachal Pradesh vs Babbu alias Ravinder Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1199

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of Himachal Pradesh – Appellant
Versus
Babbu alias Ravinder Kumar – Respondent

Advocates Appeared:
For the Appellant :Ms. Sunaina Chaudhary, Deputy Advocate General.
For the Respondents:Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh, Advocate.

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 13.08.2013 passed by learned Additional Chief Judicial Magistrate, Amb, District Una, H.P. (learned Trial Court) vide which the respondents (accused before learned Trial Court) were acquitted of the charges framed under Sections 323 and 325 read with Section 34 of the Indian Penal Code (IPC). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Sections 323 and 325 read with Section 34 of the IPC. It was asserted that the informant Laxman Gir (PW1), was going to his home on 24.03.2007. He found Babbu alias Ravinder Kumar (accused) near his home. The informant inquired from the accused as to what he was doing near his home. The accused replied that a cow had entered the informant's field. The informant went to his field to drive away the cow. The accused followed him. The accused pushed the informant. Jafu alias Rajinder Ku