STATE OF HIMACHAL PRADESH Vs. ROSHAN SINGH

JUDGEMENT

(1.) STATE has filed this appeal against the judgment dated 02.12.2000, passed by the learned Sessions Judge, Hamirpur in Sessions Case No. 20 of 1998.

(2.) CASE of the prosecution, in a nut -shell, is that F.I.R. No. 11 of 1998 was registered at Police Station, Hamirpur under Punjab Excise Act. The investigation was carried out by P.W. 8 Shri Mehar Chand, ASI Police Station Hamirpur. He came to know that a person named Badda, who was an accused in F.I.R. No. 10 of 1997, under Section 324 of the Indian Penal Code, was hiding in the house of accused Roshan Singh. Mehar Chand (P.W. 8) accompanied by Constables Manoj Kumar, Balbinder Singh and Nand Lal, resident of Village Badu and Sanjeev Patial, resident of village Mohin, District Hamirpur, proceeded to the house of Roshan Singh. On reaching at the house of Roshan Singh, Shri Mehar Chand called him out of his house. On hearing the call of Shri Mehar Chand, Roshan Singh came out of his house. Constable Manoj Kumar asked Roshan Singh that whether a person by the name of Badda was hiding in the house alongwith his accomplices. At that time, three persons, all of a sudden, came out of the house of Roshan Singh. One of them was wielding a darat. The other two were carrying lathis in their hands. Roshan Singh also picked up a lathi, which was lying nearby that place. Thereafter, all the three persons, who were wielding lathis, started beating Manoj Kumar. But, Constable Manoj Kumar repelled the attack of lathis with his arm. In the meantime, accused Vijay Kumar tried to hit Constable Manoj Kumar with drat with an intention to kill him. The said attempt was foiled of by Manoj Kumar by turning his head on the other side. In that process, the drat hit on the back side of his head. Two of the accused ran away under the cover of darkness. The other two, Vijay Kumar and Roshan Singh were apprehended on the spot by Constable Balwinder, Nand Lal and Sanjeev Patial. Later on, the names of the persons, who had run away from that place, were revealed to be Surinder Rana alias Ballu and Sandeep Kumar alias Badda. The statement of Manoj Kumar (P.W. 2) was recorded under Section 154 of the Code of Criminal Procedure, on the basis of which, F.I.R. No. 12 of 1997 Ex. P.W. 7/A under Sections 333, 307 and 353 read with Section 34 of the Indian Penal Code was recorded. The matter was investigated by the Police.

(3.) THE prosecution has examined 13 witnesses to prove its case. The accused were also examined under Section 313 of the Code of Criminal Procedure. According to them, they had been implicated falsely in the case and according to them, Manoj Kumar and Mehar Chand were not discharging their official duties. Learned trial Court acquitted the Respondents No. 1, 3 and 4, however, Respondent No. 2 Vijay Kumar was convicted under Section 325 of the Indian Penal Code and was sentenced to undergo imprisonment till the rising of the Court and to pay fine of Rs. 1500/ -. In default of payment of fine, he was ordered to undergo imprisonment for a period of one month.