STATE OF HIMACHAL PRADESH Vs. RANJEET SINGH SON OF LATE SH. MOHINDER SINGH, RESIDENT OF VILLAGE KAMLA VERMA BUILDING, WARD NO. 7 RAHIGHAT, P.S. & TEHSIL THEOG, DISTT. SHIMLA, H.P.,

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 30.9.2002, accused were put to trial. In terms of judgment dated, 31.3.2005, passed by the Ld. Addl. Sessions Judge, Fast Track Court, Shimla, H.P. in S. Trial No. 3 -S/7 of 2004/03, titled as State of H.P. versus Ranjeet Singh and others, all the accused persons stand acquitted of the charged offences.

(2.) IT is the case of prosecution that complainant Sh. Milap chand (PW -2) was deputed as a driver on the bus owned by Himachal Pradesh Road Transport Corporation, Rohru Region. On 30.9.2002 he was asked to take the vehicle i.e. bus No. HP 10 -0374 from Chajpur to Chandigarh. Sh. Rajesh Kumar (PW -5) was posted as conductor of the bus. When the bus reached near Gajehari, vehicle (canter) No. HP 15 -3468 came from Theog side. There was not sufficient place for the bus to cross which resulted into heated arguments between the drivers of both the vehicles. Accused namely Ranjeet Singh, Raj Kumar, Rajesh Kumar and Suresh Kumar alighted from the canter, came to the door of the bus and started pulling down the complainant from the bus. However, with the intervention of passengers matter was resolved. Canter was reversed and bus was allowed to pass by. After the complainant had covered distance of two kilometers he saw the canter from which accused waved a danda in an intimidating manner. As such he lodged a report with the police at Police Station Theog. Wireless message was also flashed to the police at Police Post Fagu. At about 11.15 a.m. when the complainant reached near Nangal Devi he noticed that accused had parked the canter in the middle of the road. As such bus had to be stopped. Accused Raj Kumar came with a danda and broke the window pane and then hit the complainant on his right arm. Thereafter all the accused persons entered the bus and started hitting him with dandas and also gave blows with fist and kicks. With the intervention of passengers complainant was rescued. He then went to Police Station Theog and lodged F.I.R. No. 130/2002 (Ext. PW 2/A), dated 30.9.2002 under Sections 341, 353, 332, 201/34 IPC. ASI Bali Badhar (PW -11) commenced investigation. Complainant was got medically examined from Dr. Kuldeep Kanwar, (PW -1) who issued M.L.C. (Ext. PW 1/A). Statements of witnesses were recorded. Photographs of the spot were taken. Accused Raj Kumar produced danda (Ext. P1), to the police which was taken into possession vide memo (Ext. PW 2/B). On 10.10.2002, complainant identified the accused at Police Station Theog. With the completion of investigation challan was presented in the Court for trial.

(3.) IN order to prove its case, in all prosecution examined fourteen witnesses and statements of the accused under Section 313 Cr. P.C. were also recorded.