SATBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a Criminal Revision at the instance of Satbir and Mange Ram against the order dated 4.10.1996 of Sessions Judge, Bhiwani whereby he dismissed their appeal and maintained their conviction and sentence passed upon them on 28-29.9.1995 by Sub Divisional Judicial Magistrate, Loharu in Criminal Case No. 89-1 of 1990/92 FIR No. 51 dated 2.4.1990 under Sections 332/353/186 Indian Penal Code of P.S. Loharu. Prosecution case briefly stated is that on 2.4.90, Shri Virender Singh Joon, General Manager, Haryana Roadways Bhiwani sent complaint Ex.PW2/A to Police Post, Digama to the fact that on that day, he along with Ram Singh, Inspector; Mohinder Singh, Sub-Inspector; Jaspal Singh and constable Om Parkash was checking vehicles to see whether there were traffic violations by any vehicle. In the meantime, a four wheeler TATA 407 bearing registration No. HNB 2685 was seen coming from village Obra side to Mela Pahari Mata side. That four wheeler was carrying about 45 passengers. Signal was raised to stop that four wheeler. Mange Ram was driver/owner of that four wheeler. He did not stop that four wheeler. That four wheeler was chased. Mange Ram stopped that four wheeler at the mela site of Pahari Mata. He was asked to show the necessary documents with regard to that four wheeler as required under the Motor Vehicles Act. Mange Ram refused to show them the necessary documents. Mange Ram and Satbir gave beatings to the members of the checking staff namely Inspector Ram Singh, Sub-Inspector Mohinder Singh, Jaspal Singh and constable Om Parkash. Satbir was apprehended at the spot. Mange Ram, however, succeeded in running away from the spot with the said four wheeler. On the basis of complaint, case FIR No. 51 dated 2.4.90 was registered at PS Loharu under Sections 332/353/186 Indian Penal Code. After investigation Satbir and Mange Ram were challaned. Satbir and Mange Ram were tried by Sub Divisional Judicial Magistrate, Bhiwani on charge framed against them under Sections 353/332/186 IPC. At the conclusion of the trial, he convicted them thereunder and sentenced them to undergo RI for one month each and to pay fine of Rs. 200/- each or in default of payment of fine to undergo further RI for one month each under Section 186 IPC. They were further sentenced to undergo RI for six months each and to pay a fine of Rs. 1,000/- each or in default of payment of fine to further undergo RI for 2 months each under Section 332 IPC. They were further sentenced to undergo RI for 3 months each and pay fine of Rs. 500/- each or in default to undergo further RI for one month each under Section 353 IPC. Substantive sentences were ordered to run concurrently.

(2.) NOT satisfied with the order of the Magistrate dated 28-29.9.95 convicting and sentencing them under Sections 186/332/353 IPC, they knocked the door of the Court of Session at Bhiwani through appeal. Their appeal was dismissed by Sessions Judge, Bhiwani vide order dated 4.10.1996. Still not satisfied, they have knocked the door of this court through this Crl. Rev. No. 781 of 1996.

(3.) SHRI Virender Singh, General Manager, Inspector Ram Singh, Sub Inspector Mohinder Singh, Jaspal Singh and Constable Om Parkash were at traffic checking. Signal was raised to stop the said four wheeler. Mange Ram who was driving that four wheeler did not stop it. When this vehicle was stopped on being chased and Mange Ram and conductor Satbir were asked to show the necessary documents relating to the vehicle, they refused to show them the necessary documents and became riotous. Four wheeler was carrying 40-45 passengers. Passengers had naturally sympathies with the conductor and the driver of the four wheeler. Satbir and Mange Ram became emboldened because of the 40-45 passengers travelling in their four wheeler; otherwise they could not have assaulted Inspector Ram Singh and others and deter them from performing their duty. Inspector Ram Singh may have exaggerated when he stated that Shri Virender Singh Joon was also assaulted. He has not told a lie. If a witness exaggerates, it is the duty of the court to separate the grain from the chaff and disengage what is truthful from what is exaggeration/falsehood. Fact remains that Inspector Ram Singh, Sub Inspector Mohinder Singh, Jaspal Singh were assaulted by Satbir and Mange Ram with a view to deter them from performing their official duty.