ASHOK RANA Vs. STATE OF H.P.

JUDGEMENT

(1.) These writ petitions are being disposed of by a common judgment as the facts involved and the point of law urged is common.

(2.) The petitioners were in service of the Himachal Pradesh police. Ashok Rana was serving as Head Constable, Saresth Kumar as HHC and Ashish Kumar as Head Constable. I am not detailing the facts for the order I propose to pass and as an adjudication on this aspect has already been made by the learned Chief Judicial Magistrate, Una, District Una, in case No. 61-1/2006 instituted by the State of Himachal Pradesh against 22 accused out of whom accused 12 to 22 were police officials which included the petitioners herein.

(3.) Case against the petitioners and the other accused was registered under Sections 212, 216, 223, 224, 225 and 120B of the Indian Penal Code. It resulted in their conviction. What needs to be noticed here is that all the police officials were found guilty of the offences under Section 223 of the Indian Penal Code and were given the benefit of the Probation of Offenders Act, 1958 (hereinafter referred to as the 'Act'). The other accused were charged for offences under the different provisions were sentenced to undergo rigorous imprisonment and to pay fine etc. This judgment was delivered on 5.10.2007 and it is the admitted case of the parties to these writ petitions that this judgment has not been challenged. It has, thus, attained finality.