STATE OF HARYANA Vs. RAJESHWAR PARSHAD

JUDGEMENT

(1.) THIS appeal against acquittal has been filed against the order dated 29th March, 1974, passed by the learned Additional Sessions Judge, Ambala, whereby he set aside the conviction of the respondents under Sections 353/186 read with Section 34, Indian Penal Code.

(2.) ON 3rd August, 1973, Shri K. K. Sayal, Assistant Excise and Taxation Officer, P. W. 1, went to this circle for checking under Section 13 of the Punjab General Sales Tax Act, 1948 (as applicable to the State of Haryana ). At that time, he was accompanied by Shri R. K. Gupta, P. W. 3, Excise and Taxation Inspector and Shri Ashok Kumar, Peon, P. W. 6. When the party was present at the crossing of Gur Bazar, Sadar Bazar and Bajajan Bazar, a person of the name of Jagdish Rai, Constable, P. W. 2, was seen coming and carrying pulses, salt, vegetable ghee, etc. Shri K. K. Sayal, P. W. 1, enquired from him whether he was in possession of a regular purchase voucher issued by the shopkeeper or not. Upon this, Jagdish Rai, P. W. 2, produced before him a kacha parchi, exhibit PC, signed by Rajeshwar Parshad, respondent. At. the instance of this witness, Jagdish Rai, P. W. 2, took him to the shop of this respondent, which is situate in the opposite corner of the Sadar Bazar. This respondent was found standing there. Shri K. K. Sayal, P. W. 1, then recorded the statement of Jagdish Rai, P. W. 2 and Rajeshwar Parshad, respondent, but the latter refused to sign the same. Thereafter, he enquired from this respondent as to why he had not issued a regular voucher as required under the Rules framed under Section 13 (2) of the said Act. Thereafter, the witness demanded roznamcha from this respondent to see whether he had accounted for this sale in his record or not. Rajeshwar Parshad, respondent, was seen trying to hide two bahis behind the bags of foodgrains. The witness disclosed his identity, entered the shop of the respondents and took into possession two bahis belonging to the respondents. As soon as he had started inspecting them, Rajeshwar Parshad, respondent, pounced upon him for snatching away the bahis from him and asked one of the boys there to call the coaccused Rameshwar Dass. Shri K. K. Sayal, P. W. 1, however, passed on the bahis to his peon, Ashok Kumar, P. W. 6, for safe custody. The two respondents pounced upon him in order to snatch away the bahis and in this process they slapped him (Ashok Kumar, Peon, P. W. 6) also. Shri K. K. Sayal, P. W. 1, advised the respondents that they could have a receipt there and then in respect of these bahis if they so desired but the two respondents followed them calling bad names and administering threats. Shri K. K. Sayal, P. W. 1 and his staff took shelter in a neighbouring shop owned by one Pushap Rai, P. W. 4. Thereafter he sent a writing, exhibit PA, to the Station House Officer, Ambala Cantt. , about this matter on the basis of which the first information report, exhibit PA/1, was lodged there. After the completion of the investigation, the two respondents were sent up for trial before the learned Judicial Magistrate, 1st Class, Ambala Cantt.

(3.) THE respondents went up in appeal which was allowed by the learned Additional Sessions Judge, Ambala, on the ground that Shri K. K. Sayal, P. W. 1, had no authority to enter the shop of the respondents and that Shri Jagdish Rai, Constable, P. W. 2, which was the main actor of the drama, was also an employee of the police.