STATE OF HIMACHAL PRADESH Vs. PRITAM CHAND

JUDGEMENT

(1.) This is an appeal filed by State of Himachal Pradesh under Section 378 of the Cr.P.C. against the judgment, dated 5.3.2004, passed by learned Additional Sessions Judge-II, Kangra at Dharamshala, H.P., vide which the respondents were acquitted of the charge framed against them under Sections 452, 323, 324, 506, 436, 427 and 147 read with Section 149 of the IPC.

(2.) Briefly stated, the facts of the case are that on 12.11.1999, at Police Station Dharamshala, a rapat was lodged with the police at 8.55 a.m. by one Piare Lal accompanied by Sohan Kumar. He alleged that his father is running a tea shop and adjoining to their shop, there is one Pritam Chand, who wants to get this shop vacated for which a civil case is pending at Dharamshala. It was further alleged that on the previous night, he alongwith Sohan Kumar was sleeping in the shop at 10.00 p.m., when respondent Pritam Chand, Anup Chand, Mohinder Singh and Darshan Lal entered their shop by breaking the door and started giving him beatings with legs and fists. Pritam Chand caught hold of him and with a Toka, which he was holding, he inflicted a blow near the left eye on the forehead, from which blood started oozing out. He rescued and hid himself in a place nearby in darkness. Sohan Kumar tried to rescue him and he was also given beatings with legs and fits. Thereafter, Maya Devi, Rukmani Devi and Bindu Devi came to the shop, sprinkled kerosene oil and lit fire and the shop was destroyed and he suffered a loss of Rs.7,000-8000/-. On hearing this noise, his mother Maya Devi, sister Bindu and Neena came to the spot. The occurrence was also witnessed by many other persons. The accused also gave a threat to take his life. Because of fear, he could not lodge the report during night time.

(3.) A cognizable offence was made out, but no FIR was registered on the plea that the case pertained to Police Station, Dharamshala and, therefore, the rapat was registered and sent to Police Station, Dharamshala on the basis of which a case was registered and after investigation, the challan was filed before the learned Additional Chief Judicial Magistrate, Kangra at Dharamshala, who committed the case to the court of the learned Sessions Judge. The learned Sessions Judge assigned the case to the learned trial Court, who tried the respondents under the Sections mentioned above leading to their acquittal.