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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of Himachal Pradesh – Appellant
Versus
Rakesh Walia Alias Khattu – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment dated 31.03.2014 passed by learned Additional Chief Judicial Magistrate, Dehra, District Kangra, H.P., vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Sections 186 and 189 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 leading to the present appeal are that the complainant, SI Joginder Singh (PW4), was checking the cleanliness of the police station compound on 10.10.2009 at 8:10 A.M. A servant of the accused had placed a tub beneath the tap, which was overflowing. The S.H.O. advised the servant not to waste water or open the gate. The accused arrived at the scene. The complainant requested that the accused refrain from throwing rubbish into the police station compound and from opening the police station gate, as cattle entered the compound through the open gate. The accused became angry and threatened the informant with transfer. ASI Vijay Kumar (PW1), HC Hari Singh, MHC Sultan Sing
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