RAJ KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners have been convicted by the two courts below for offences under Sections 353 and 332 read with Section 34 of the Indian Penal Code (hereinafter I.P.C.) for assaulting Constable Ranjot Singh. The learned trial Court on the evidence on record recorded a finding of guilt and punished each of the accused to simple imprisonment for three months and to pay a fine of Rs. 2000/- each and in default of fine to further undergo simple imprisonment for fifteen days each. Petitioners appealed. The learned appellate Court rejected the appeal after re-appreciation the entire evidence on record. The petitioners have now challenged this judgment in this revision.

(2.) Learned Additional Advocate General has taken a preliminary objection that in revision it is not open to this Court to re-appreciate evidence and to come to a different conclusion than that of the two courts below. The proposition as urged cannot be accepted in so wide terms as it is always open to the Court exercising revisional jurisdiction to correct any perversity either in the conclusion on facts or in the application of law.

(3.) The brief facts of the case are that on 25.7.2001 at around 12.05 p.m. the complainant Ranjot Singh informed Police Post, Baddi that while he was discharging his duties two persons (accused) assaulted him. At this, H.C. Sh. Ranjeet Singh along with constable Sh. Satnam and constable Sh. Vijay reached the spot and recorded the statement of the complainant (Ext. PW6/A) under Section 154 Cr.P.C. where he stated that he was discharging his duties in Police Post, Baddi. On the intervening night of 24th /25th July, 2001, he was on patrol duty at the 'Gas Plant'. At around 11.45 p.m. two persons came out from Sabji Mandi market. The complainant asked them as to why they were roaming in the late hours of the night on which both of them started abusing the complainant and assaulted him. Constable Sh. Ranjot Singh and Constable Sh. Jagdish Chand both sustained injuries on their person. The accused were overpowered when they disclosed the names as Raj Kumar and Nirmal Singh. They were arrested and put up for trial for offences under Section 353, 332 and 34 I.P.C. .