STATE OF H P Vs. MUNISH BANSAL

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 14.3.1997, accused were put to trial. In terms of judgment dated 29.3.2001, passed by the learned Sessions Judge, Una, H.P. in Sessions Case No. 5 of 1998, titled as State of Himachal Pradesh versus Munish Bansal and others, accused persons stand acquitted of the charged offences.

(2.) IT is the case of the prosecution that on 14.3.1997, at about 8.30 p.m. complainant Sh. Gulzari Lal (PW-1), after parking his truck in front of the shop of a Halwai was going home. When he reached the shop of one Sh. Kaku in the market at Amb, he was called by accused Munish Bansal to the van which was parked at a distance of ten yards. When the complainant went there, accused Munish Bansal dragged him into the van bearing No. HP-02-2393 in which co-accused Naveen Kumar and Ajay were already sitting. Accused Munish started driving the vehicle towards Una side and also started abusing the complainant. On way to Una, when the vehicle reached near the shop of Prem Welding, complainant asked the accused as to why he was being abused. At that accused Naveen and Ajay started giving blows with legs and fist to him. Complainant Sh. Gulzari Lal was thrown out of the moving van. However before that accused Munish Bansal hit the complainant on his head with a tyre rod as a result of which he became unconscious. The incident of kidnapping was witnessed by Sh. Tilak Raj (PW-9). Sh. Gulzari Lal remained unconscious lying on the road and regained consciousness only the following morning and that too in the hospital where his statement (Ext. PA) was recorded by the police. On the basis of his statement, F.I.R. No. 48 of 1997 (Ext. PN), dated 15.3.1997, under Sections 364, 307, 323 read with Section 34 I.P.C. was registered with police station, Amb. Police investigated the matter by collecting incriminating articles from the spot. Statements of the relevant witnesses were recorded. Recovery of tyre rod, van and the blood stained clothes of the complainant was effected. Medical record Ext. PH, Ext. PT, Ext. PU, Ext. PR, Ext. PR/1 was also taken by the police. With the completion of investigation challan was presented in the Court for trial.

(3.) IN order to prove its case prosecution examined twenty witnesses and the statements of accused under Section 313 Cr. P.C. were also recorded.