STATE OF HIMACHAL PRADESH Vs. DILBAGH SINGH

JUDGEMENT

(1.) This appeal has been preferred by State of H.P. against judgment dtd. 30/7/2007, passed in Sessions Trial No. 7 FTC/7 of 2005/06, arising out of case FIR No. 85 of 2004 dtd. 26/7/2004, registered under Ss. 308, 336, 341, 323, 506 and 34 IPC in Police Station Parwanoo, District Solan, whereby respondents/accused persons have been acquitted of the charges framed against them.

(2.) Prosecution case is that on 17/7/2004 complainant Balbir Tegta, along with his son Sauvik Tegta, was coming from Chandigarh to Shimla in a car bearing registration No. HP-03A-0789 being driven by Amar Nath. At about 8 PM, they stopped their car near Parwanoo to have 'Chana Chaat ' from a person selling on side of road. At some distance, an Indica car was also parked there. According to complainant, on seeing the complainant and his son, accused persons, who were sitting on parapet, boarded their Indica car and drove their car nearer to complainant party and after getting down from car attacked the complainant and his son after blocking the road with their vehicle and extended threat to teach a lesson to Pahadis, i.e. persons residing in hills. As per complaint, son of complainant was beaten and thrown down the road who fell on bushes close to parapet and that accused persons gave beatings to complainant also. However, victims managed to save themselves from accused and went in their vehicle to Police Barrier Parwanoo. Accused persons in their car followed the complainant party. Their car was stopped at Barrier. Out of three accused, only one accused Dilbagh Singh could be apprehended who disclosed his name who was under the influence of liquor and a lady was also sitting in that car.

(3.) Complainant lodged the report in Police Barrier Parwanoo, on the basis of which FIR was registered in Police Station Parwanoo. Complainant and his son were medically examined.