VIJAY DEV AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is revision against judgment dated 19.2.2016, passed by the learned Additional Sessions Judge, Patiala, affirming the judgment of conviction and order of sentence dated 14.5.2014, passed by the learned Judicial Magistrate 1st Class, Patiala, vide which revisionists were convicted under Sections 323 IPC read with Section 149 IPC, 341, 148, 149, 353 IPC and were sentenced as under :-

(2.) All the sentences were directed to run concurrently.

(3.) Present case was registered on the written complaint (Ex.PW2/A), submitted by Er. Gurpal Singh, the then Assistant Executive Engineer, East Division, Patiala. In the complaint, Er. Gurpal Singh stated that on 13.9.2007, he was sitting in his office. Er. D.P. Sethi, Senior Executive Engineer (Enforcement), Er. Harjit Singh, AEE, East Sub Division, Patiala, Er. Ram Singh, AAE, Sub Division Rohar Jagir were also sitting with him. It was about 11:00 AM when the light of his room went off. He inquired from his Steno Ravinder Singh as to why the electricity has failed. Ravinder Singh, Steno, went outside and thereafter informed the complainant Er. Gurpal Singh that Vijay Dev accused has switched off the MCB. After sometime, complainant Er. Gurpal Singh went outside and switched on the MCB. He was returning to his room when Vijay Dev accused accompanied by his companions surrounded the complainant and did not allow him to go inside the room. He was pushed and taken outside. In the meanwhile, Er. Bhupinder Sharma, Senior Executive Engineer, who was sitting in a room opposite the building, after hearing the noise, came out. He was also pushed and misbehaved by accused. Accused maltreated the complainant and beaten him. They also used filthy language against him. In the meanwhile, complainant fell down. His turban was also removed. One Member of the union also tried to hit him with a plier. According to complainant, Vijay Dev, JE, Banarasi Dass, Rajinder Singh, Tirath Bahadur, Rameshwer Dass, Amar Dev, Ram Singh, all employees of Punjab State Electricity Board were prominently involved in the crime. It was further stated in the complaint that the learned Civil Judge, Senior Division, Patiala, passed an injunction order against employees of union from organizing any rally under 300 meters of the office. Therefore, prayer was made for registration of the case.