GURPREET SINGH SON OF NACHHATAR SINGH, CASTE JAT, RESIDENT OF GARI AJIT SINGH, POLICE STATION AND DISTRICT NAWANSHEHAR PUNJAB, PRESENTLY LODGED IN SUB JAIL, UNA, H.P. Vs. STATE OF H.P.

JUDGEMENT

(1.)

(2.) APPELLANT herein was chargesheeted and tried along with his -co -accused for the offence punishable under Sections 307 and 302 read with Section 34 Indian Penal Code generating from FIR No. 537 of 2000 dated 23.9.2000 registered in Police Station, Una, H.P. At the end of the trial, he was convicted and sentenced by the learned trial Court under Section 332 with the aid of Section 34 Indian Penal along with other co -accused persons to undergo rigorous imprisonment for the period of 3 years and to pay a fine of Rs. 10,000/ - and in default of payment of fine to further undergo imprisonment for a period of 6 months, whereas the offence under Section 307 Indian Penal Code was not proved as such he and other co -accused were acquitted for the attempted murder of H.C. Naresh Kumar. In short, the prosecution story can be stated thus. Co -accused S/Sh. Amrish Rana, Harjinder Singh and Gurjant Singh were already lodging in sub -jail Una as under -trial prisoners. On 23.9.2000, ASI Dhrub Kumar was heading the escort party and visited the jail for taking under trial prisoner Harjinder Singh for medical check -up to district hospital ASI Dhrub Kumar reached out side the gate but constable Vijay Kumar along with H.C. Naresh Kumar went inside to take Harjinder Singh out after completing formalities. But Harjinder Singh asked as to who was the leader of the escort party, he should be called inside. But Dhrub Kumar ASI did not go inside. Thereafter Harjinder Singh came out of the small gate of the jail premises where Amrish Rana the other co -accused was already there. They caught -hold of said Dhrub Kumar and started giving beatings to him. The appellant herein handed over a piece of brick to Harjinder Singh on being asked with which Harjinder Singh caused bleeding injury to H.C. Naresh Kumar. The jail officials and the other police officials present there rescued the police officers from the clutches of the accused persons. It is alleged that prior to the incident on 18.9.2000, ASI Dhrub Kumar had escorted Harjinder Singh for his production in the Court at Balachour (Pb.). From there, he was taken to Nawanshahar for his production in another Court but during the night he was kept in the police station whereas Harjinder Singh wanted that he should be lodged in a hotel. Whereas Gurjant Singh co -accused is alleged to have provoked his accomplices to beat the police officials.

(3.) THE offence of attempted murder was not proved, as such appellant along with other co -accused were acquitted but finding a case under Section 332 Indian Penal Code voluntarily causing hurt to deter police officials from discharging their official duties, in furtherance of their common intention they were held guilty, accordingly convicted and sentenced as aforesaid.