DEEP RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Heard and gone through the record. Precisely, the case of the prosecution is that a police party headed by PW-9 SI/SHO Anup Singh was present near Forest Check Post Giri Pul, falling under Police Station, Rajgarh, in connection with traffic checking. They spotted the appellant, hereinafter referred to as "the accused", coming on foot from the side of the PWD Gang-hut Sanaura, who on seeing the police got perplexed and started walking hastily. PW-9, aforesaid entertained suspicion of keeping some contraband by him. The accused was stopped and his identity was asked to which he disclosed. Thus, he gave him an option to be searched before the police party or before the Gazetted Officer. The accused opted to be searched by the police. To this effect, memo Ext. PW-1/A was executed.

(2.) On completing the investigation, challan was presented in the Court for the trial of the accused. He was accordingly charge-sheeted to which he pleaded not guilty and claimed trial.

(3.) To prove its case, the prosecution examined its witnesses. The accused was also examined under Section 313 of the Code of Criminal Procedure. He took up the stand that he was going to Rajgarh to meet his relations. On reaching Rajgarh bazaar, he went to a liquor shop. Since the liquor vendor was charging extra price, a quarrel took place. The vendor called the police. PW-9 SI/SHO Anup Singh came there in plain clothes and gave him two slaps. On this, he had a quarrel with him. Thereafter, he forcibly took him to police station and foisted a false case against him. When called upon to enter upon his defence, he did not lead any evidence in defence.