SURINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASSAILING the judgment dated 22.8.2005/23.8.2005, passed by the Chief Judicial Magistrate, Hamirpur, District Hamirpur, H.P., in Criminal Case No.166-II of 2001, titled as State of H.P. versus Surender Kumar and another, as affirmed by presiding Officer, Fast Track Court, Hamirpur, (H.P.), vide judgment dated 10.8.2006, in Criminal Appeal No.17 of 2005, titled as Surender Kumar and another versus State of Himachal Pradesh, the accused persons-petitioners filed the present revision petition under the provisions of Sections 397, 401 of the Code of Criminal Procedure, 1973. Whether reports of Local Papers may be allowed to see the judgment?

(2.) IN short, the case of the prosecution is that on 10.3.2001, complainant, Shri Prem Sagar (PW-1) lodged an F.I.R. No.65/2001 dated 10.3.2001 (Ex.PW6/B), against the accused persons at Police Station, Sadar, District Hamirpur, under the provisions of Section 353, 341, 504, 34 of the Indian Penal Code. As per the F.I.R., complainant (PW-1) posted as a Conductor, was driving bus No.HP-20-0669 from Ludhiana to Sarkaghat. The accused persons were also posted as Driver and Conductor of Bus No.HP-22-5195. Accused Sunil Kumar was posted as a Conductor on the said bus. Somewhere near Taunidevi Chowk, Hamirpur, an altercation took place over a minor issue between the drivers of the two buses. Both the accused persons not only abused the complainant but also physically assaulted him and the Driver. The matter was investigated by A.S.I. Gurdas Ram (PW-8). Police recorded statements of various prosecution witnesses and took on record documentary evidence. With the completion of investigation, Challan was presented in the Court for trial.

(3.) IN order to establish its case, beyond reasonable doubt, prosecution examined as many as eight witnesses; statements of the accused persons were also recorded under Section 313 of Code of Criminal Procedure. They pleaded their innocence and did not lead any evidence in defence.