TEJ SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Both these petitions are being decided by a common order, as common questions of law and facts are involved.

(2.) Petitioners are accused in case FIR No. 115 of 2021 dtd. 9/4/2021, registered at Police Station, Nurpur, District Kangra, H.P. under Ss. 458, 342, 395, 506, 412, 201 of the Indian Penal Code, Sec. 25(1A)-27-54/59 Arms Act and Sec. 3 of Prevention of Damage to Public Property Act. Petitioner in Cr.M.P(M) No. 2357 of 2021 is in custody since 13/4/2021 and petitioner in Cr.M.P(M) No. 2400 of 2021 is in custody since 13/5/2021.

(3.) Petitioners have been booked for the above-noted offences on the allegations that at about 10.30 p.m. on 8/4/2021 they unlawfully forced their entry into the premises of pump house of Jal Shakti Vibhag, Himachal Pradesh at Nakki Khud, Nurpur and committed lurking house trespass by night after having made preparation for causing hurt to occupier of the premises i.e. Pump Operator on duty namely, Raman Kumar, and also committed dacoity in the aforesaid premises and decamped with valuable machinery and pumps and wires etc. It is alleged that the petitioner and their co-accused on 8/4/2021 at about 10.30 p.m forcibly entered the aforesaid pump house and asked Pump Operator on duty to sit silently on the cot. One of the accused persons was armed with 'Khukri' and another was having a weapon like local made pistol (Katta). They all were masked. They overawed the Pump Operator and tied both his hands with back. One boy out of the accused persons kept sitting beside the Pump Operator. Others firstly, shut down the pump house and took out the entire apparatus of the pump house from the premises. On their phone call, a vehicle came outside the pump house. They loaded the stolen articles in the vehicle. The accused had also taken key of Pump Operator's car and his mobile. One of the accused, who was made to sit besides the Pump Operator, had a base bat in his hand with which Pump Operator was hit on his left leg causing injury and while going away, they threatened the Pump Operator that in case he raised voice, he would be killed. While leaving the place, the accused persons closed the wooden door and bolted it from outside. A complaint to above effect was lodged by Raman Kumar, Pump Operator with the police. The case was registered. Investigation was carried out. After collecting sufficient evidence against the petitioners and other co- accused, the challan was presented in the Court of learned Chief Judicial Magistrate, Nurpur, District Kangra, H.P on 8/7/2021. The petitioners have also been found to be involved in two other similar cases out of which FIR No. 15/2021 dtd. 27/3/2021 under Ss. 458, 380, 411 and 34 IPC was registered at Police Station, Sujanpur, District Hamirpur, H.P. and FIR No. 54/2021 dtd. 8/4/2021 under Ss. 458, 380, 353, 332 and 34 IPC was registered at Police Station, Nadaun, District Hamirpur, H.P.