NARESH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 16.2.1995, passed by Additional Sessions Judge-II, Bhiwani, vide which out of the six accused, namely; Naresh, Ram Kishan, Jaibir, Pirthi Singh, Sombir and Rajesh, except Jaibir, the other five accused were convicted under Sections 148, 332, 353, 397, 427 and 149 of the Indian Penal Code (hereinafter referred to as the IPC). Rajesh was also convicted under Section 412 IPC. They were sentenced as under :-

(2.) THE factual matrix of the case is that on the morning of 29.9.1992, Shri S.C. Rana the then General Manager, Haryana Roadways, Charkhi-Dadri along with Kuldeep Singh, Traffic Manager, Hawa Singh, Traffic Sub Inspector and other flying squad was on inspection duty. They checked one four-wheeler bearing Reg. No. HR19-0425 at about 9.55 a.m. and fined its driver Rs. 500/-. Then at about 11.30 a.m., they also checked another four-wheeler bearing Reg. No. HR19-0603 carrying 22 unauthorised passengers. The driver of the said vehicle was also challaned. Their route permits were also taken into possession. Then at about 12.30 p.m, when the aforesaid officers were checking the vehicles at village Jhhoju-Satnali road near village Dagroli, both the aforesaid four- wheelers along with two other four-wheelers bearing Reg. Nos. HR16-3023 and HYD-2272 loaded with 50/60 passengers came there. They forced the mini bus and the staff car to stop and attacked them with rods. Raghbir Singh Sub-Inspector was dragged and beaten up with the rod. Shamsher Singh, driver of the staff car was also dragged on the road. S.C. Rana and other officials were also beaten up. They also damaged one window of the staff car, torn out the curtains and deflated the tyres of the driver side. They also snatched away route permit of four-wheeler bearing Reg. No. HR19-0603, one receipt book No. A30 of composition fee and a sum of Rs. 1800/-, which were collected by the Inspection Team on account of composition fee. They also threatened that they would be done to death, if their vehicles are challaned. S.C. Rana reported the matter vide application Ex.PG to the police, on the basis of which First Information Report Ex.PG/1 was registered at Police Station Badhra.

(3.) ON completion of the investigation, challan against the accused was presented in the court.