State of Himachal Pradesh vs Om Raj - 2025 Supreme(HP) 1225

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1225

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of Himachal Pradesh – Appellant
Versus
Om Raj – Respondent

Advocates Appeared:
For the Appellant :Mr. Jitender K. Sharma, Additional Advocate General.
For the Respondent:Mr. Diwan Singh Negi, Advocate.

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 20.12.2012, passed by learned Judicial Magistrate First Class, Court No.2, Ghumarwin, District Bilaspur, H.P., vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Sections 451, 323 and 504 of the Indian Penal Code (in short “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 451, 323 & 504 of the IPC. It was asserted that the informant, Bali Ram (PW1), was sitting outside his house on a chair on 19.7.2010 at 8:00 P.M. The accused Om Raj started abusing him without any reason. The informant requested the accused not to abuse him, but the accused caught hold of the informant by the neck and gave him beatings. The informant sustained injuries to his foot. Two buttons of his shirt were torn. He shouted for help. Rajinder Kumar (PW5) a