STATE OF HIMACHAL PRADESH Vs. CHAMAN LAL @ CHINU SON OF SH. ROSHAN LAL, CASTE RAJPUT, R/O CHAUKAR, TAPPA MEHLTA, AT PRESENT HALWAI SHOPKEEPER BHOTA BAZAR, BHOTA, DISTT. HAMIRPUR, H.P.,

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 26.3.2001 accused were put to trial. In terms of judgment dated 30.6.2005, passed by the Ld. Presiding Officer, Fast Track Court, Hamirpur, H.P. in Sessions Trial No. 3 of 2003/36 of 2004, titled as State of H.P. versus Chaman Lal and others, all the accused stand acquitted of the charged offences. It is the case of prosecution that on 26.3.2001, Sh. Pawan Kumar (PW -8) was driving vehicle No. HP 22 -5145 (Bus) from Hamirpur to Una. This bus was owned by Sh. Pritam Chand (PW -14). At that time Sh. Ram Parkash was working as a conductor of the bus. PW -14 and his brother Sh. Sunil Kumar (PW -10) were also travelling in the bus. There were other passengers also. At about 11.40 a.m. when the bus reached at bus stand Bhota, Sh. Sunil Kumar alighted from the same. He started talking with Sh. Pritam Chand and Sh. Vipin Kumar. Suddenly accused persons namely Chaman Lal (accused No. 1), Raj Kumar (accused No. 2), Battan Singh (accused No. 3), Chatter Singh (accused No. 4) and Sansar Chand (accused No. 5) came and started abusing Sh. Sunil Kumar and demanded money payable to them by Sh. Pritam Chand. When Sh. Pawan Kumar started the bus, accused forcibly stopped and dragged him down. They beat him up with a danda and iron rod. Accused also gave beatings to Sh. Sunil Kumar and Sh. Pritam Chand. Accused Chaman Lal gave blow with iron rod to Sh. Sunil Kumar as a result of which he fell down. He also gave a blow to Sh. Pritam Chand with an iron rod on his head. Sh. Purshotam Chand (PW -2), who runs a shop at the bus stand, intervened but even he was given beatings by the accused persons. Many persons were injured on the spot. Sh. Pawan Kumar reported the matter to the police and F.I.R. No. 73 of 2001 (Ext. PW 13/A), dated 26.3.2001 was registered at 1.30 p.m. at Police Station Hamirpur under Sections 147, 148, 341, 323, 506 IPC. SI -Balwant Singh (PW -13) commenced investigation. He got the injured medically examined through Dr. K. S. Rana (PW -11), Dr. Dhruv Sharma (PW -12) and Dr. Desh Raj Sharma (PW -1). Investigation revealed that even accused persons had sustained injuries and were also got medically examined through these very doctors. Police recovered danda (Ext. P1), iron rod (Ext. PW2) vide memo (Ext. PW 9/A) and blood stained shirt (Ext. P3) and baniyan (Ext. P4) of Sh. Sunil Kumar vide memo (Ext. PW 4/A). Medico Legal Certificate of Pawan Kumar (PW -8), accused Chaman and Sh. Ram Parkash were taken on record by the police. The same are Ext. PW 1/B, Ext. PW 1/C and Ext. PW 1/D respectively. MLC (Ext. PW 12/A) of Sh. Sunil Kumar along with report of the radiologist (Ext. PW 11/A and 12/D) were taken on record by the police. Police recorded statements of the relevant witnesses under Section 161 Cr. P.C. Investigation revealed that accused persons had given beatings to Sh. Purshottam Chand (PW -2), Sh. Pawan Kumar (PW -8 - driver), Sh. Ram Parkash (not examined - conductor of the bus), Sh. Vipin Kumar (PW -9), Sh. Sunil Kumar (PW -10) and Sh. Pritam Chand (PW -14). Injuries were both simple and grievous but injury sustained by Sh. Sunil Kumar was dangerous to life. With the completion of investigation challan was presented in the Court for trial.

(2.) ACCUSED were charged for having committed offences punishable under Sections 147, 148, 307, 323,341 and 506 IPC to which they did not plead guilty and claimed trial.

(3.) COURT below acquitted the accused of the charged offences, hence the present appeal.