STATE OF H.P. Vs. RAMESH CHAND

JUDGEMENT

(1.) The respondents were acquitted by the learned trial Court in Case No.64 -2 of 2003, for the offences punishable under Sections 147, 341, 506 and 500 read with Section 149 of the Indian Penal Code, which has been challenged by the State in the present appeal.

(2.) In short, the prosecution case can be stated thus. PW1 complainant Prem Dass is the father of the prosecutrix. Her marriage was solemnized on 16.4.2003 in their village. On 17.4.2003, the marriage party while returning to their village in two Taxi vehicles bearing registration No.HP -01 -A -399 and HP -01 -A -3105, around 3 p.m. reached Frela Nalla, they noticed that the road was blocked by putting boulders! stones. When the said vehicles slowed down, the respondents, who were standing on the road asked the reason for blocking the road. On this, respondent Ramesh Chand instead of clearing the road obstruction asked them as to why the marriage of the prosecutrix was solemnized with Raj Kumar and told them to take out the bride and bridegroom from their vehicle and started grappling with the marriage party. The respondents alleged to have hurled abuses and threatened the marriage party and the prosecutrix with dire consequences. They stopped the marriage party from proceeding to their village Dhar Chhatri. When the other members of the marriage party came out of their vehicles, the respondents made escape from the spot.

(3.) PW1 Prem Dass aforesaid reported the matter to the police in terms of the FIR Ext.PW1 !A. Police visited the spot, prepared the site plan Ext.PW5!A and recorded the statements of the witnesses. Finding involvement of the respondents for the aforesaid offences, they were accordingly challaned in the Court. 4 Finding prima -facie a case against the respondents, they were accordingly charge -sheeted for the offences punishable under Sections 147, 341 and 506 read with Section 149 of the Indian Penal Code, to which they pleaded not guilty and claimed trial.