STATE OF H.P. Vs. SAKSHI SHARMA

JUDGEMENT

(1.) THESE appeals raise common question of law and facts and therefore the same are taken up together for disposal.

(2.) THE facts as are necessary for determination of these appeals may be noticed. The petitioner No. 2 was working as guide with Vatika Hotel. The petitioner No. 1 Sakshi is the wife of petitioner No. 2 Rajesh while the petitioner No. 3 is their son. On 8.5.2008 a complaint was received from the petitioner No. 1 inter alia alleging therein that on 22.1.2008 when she was at Chintpurni, she had received some message on her mobile phone No. 94186 -00368 that her husband, petitioner No. 2, who was working in Vatika Hotel, was lying unconscious at Police Station, Sadar, Shimla. These messages were received by her from phone No. 2801817 which is installed in the Vatika Hotel. The petitioner No. 1 reached Shimla on 23.1.2008 in the evening and met the owner of Vatika Hotel, who took her to Police Station, Sadar, Shimla where she found petitioner No. 2 in an unconscious condition. The respondent No. 4, who was then posted as SHO, Police Station, Sadar, Shimla alongwith owner of Vatika Hotel drafted an application and got her signatures over the same and handed over the petitioner No. 2 to petitioner No. 1. The petitioner No. 1 took petitioner No. 2 to hospital for quick treatment as there was no time to consult the lawyer and police officials. The police arranged the ambulance and four police personnel carried the petitioner No. 2, who was stated to be unconscious, put him in the ambulance from where he was taken to IGMC and on reference of one Dr. Rahi he was taken to PGI, Chandigarh.

(3.) PURSUANT to the registration of FIR, report under Section 173 Cr.P.C. was presented in the competent Court of law wherein the then SHO, ASI and two other employees of the police department (hereinafter referred to as 'police officials') were arraigned as accused.