STATE OF HIMACHAL PRADESH Vs. GULZAR ALIAS GULZARI

JUDGEMENT

(1.) Present appeal is filed against the judgment of acquittal passed by learned Sessions Judge (II) Kangra at Dharamshala in Sessions Trial No. 14-G/VII of 2003 titled State of H.P. v. Gulzar alias Gulzari and others.

(2.) Brief facts of the case as alleged by prosecution are that on dated 15.5.2002 at about 7.30 p.m. at Dhwala accused persons in furtherance of common intention assaulted Amarjeet Singh JE and Devinder Singh Foreman HPSEB Section Dhwala when they were discharging their official duty as public servants. It is alleged by prosecution that on the same date time and place accused persons caused grievous hurt to Amarjeet Singh JE and Devinder Singh Foreman HPSEB Section Dhwala when they were discharging their official duty as public servants. It is further alleged by prosecution that accused persons took the electricity connection from the residential house to the wine shop in illegal manner. It is further alleged by prosecution that injured Amarjeet Singh registered FIR Ext.PW4/A and during investigation broken pieces of bottle Ext.P1 took into possession vide seizure memo and it is further alleged by prosecution that pieces of electrical wire also took into possession vide seizure memo. It is further alleged by prosecution that during investigation vehicle No. HP-36-5786 was also took into possession vide seizure memo and spot map was also prepared at the spot. It is further alleged by prosecution that appointment and posting orders of injured also took into possession.

(3.) Accused persons were charged by learned Sessions Judge Court No. II Kangra at Dharamshala on dated 22.5.2004 under Sections 353 read with Section 34, IPC, 332 read with Section 34, IPC and 333 read with Section 34, IPC and under Section 39 of the Electricity Act. Accused persons did not plead guilty and claimed trial.