STATE OF H.P. Vs. NEERAJ SAREEN

JUDGEMENT

(1.) The State is in appeal against the judgment of acquittal dated 21.1.1998, handed out by the learned Additional Sessions Judge (II), Kangra at Dharamshala, whereby, the respondents who were tried for commission of the offences under Sections 147, 148, 149, 342, 353, 332 and 333 IPC, were acquitted.

(2.) Briefly stated the prosecution case is that in the year 1993 PW-2 Inspector Harbant Singh, was posted as in-charge, State CID Unit, Dharamshala. On 14.10.1993, at about 10.30 p.m., he was on election duty at Kachehri Adda, Dharamshala and was accompanied by SI Parkash Chand (PW-10), SI Prem Singh (PW-11) and HC Manjit Singh (not examined). There, as per allegations two servants of hotel Down Town while talking to SI Parkash Chand got enraged, started abusing and beating him with fist blows. When Inspector Harbant Singh, SI Prem Singh, HC Manjit Singh intervened, the respondents are said to have led an attack on them. They were armed with iron rods and 'khoncha'. It is alleged that the respondents gave beatings to the members of the complainant party outside the hotel near the petrol pump on the road. Thereafter, they dragged them inside the hotel and confined them in a room, where they were given further beatings.

(3.) It was against the aforesaid backdrop that a secret telephonic information was received by the then SI/SHO Pritam Singh, now Dy. S.P. (PW-13) from the spot that 3-4 persons of the said hotel had been beating two persons and that he should come to the spot at once. Accordingly, he proceeded to the spot and recorded statement of Inspector Harbant Singh (complainant) under Section 154 Cr.P.C. Ex.PW-2/A, on the basis of which formal FIR Ex.PW-7/A was registered.