TEK CHAND Vs. SHANKAR SINGH

JUDGEMENT

(1.) F .I.R. No. 89 of 2000, dated 1.5.2000 (Ext. PW -16/A) was registered at Police Station West, Shimla against accused Shankar Singh, Munish, Shanti Devi, Kusum, Pratap Singh and Manoj Kumar under various provisions of Indian Penal Code. Vide judgment dated 31.8.2005 passed by Addl. Chief Judicial Magistrate, Court No. II, Shimla, H.P., in Criminal Case No. 168/2 of 04/2000, titled as State of Himachal Pradesh vs. Shankar Singh & others, accused Shankar Singh, Munish, Shanti Devi, Kusum and Pratap were convicted for having committed offences punishable under the provisions of Sections 147, 148, 452, 323, 324 read with Section 149 of the Indian Penal Code. However, they were acquitted for having committed offences punishable under the provisions of Sections 427 and 506 read with Section 149 of the Indian Penal Code. Accused Manoj Kumar was acquitted on all counts. Accused Shankar, Shanti Devi and Pratap Singh were directed to serve simple imprisonment for a period of one year each and pay fine of 500/ - each, for offence punishable under Section 452 IPC, simple imprisonment for a period of three months and fine of 500/ - for each of the offences punishable under Sections 147, 148, 323 IPC and simple imprisonment for a period of six months and fine of 500/ - for offence punishable under Section 324 IPC and in default of payment of fine to undergo simple imprisonment for 15 days on each count. Accused Munish and Kusum were granted the benefit of the Probation of Offenders Act, 1958.

(2.) ASSAILING the said judgment, accused Shankar Singh, Shanti Devi and Partap Singh preferred an appeal and vide judgment dated 28.7.2006 passed by Addl. Sessions Judge, Shimla, H.P. in Criminal Appeal No. 25 -S/10 of 2005, titled as Shankar Singh & others vs. State of Himachal Pradesh, they stand acquitted on all counts.

(3.) INDEPENDENTLY convicts Munish and Kusum assailed the judgment of conviction dated 31.8.2005 and vide judgment dated 11.3.2010, passed by Addl. Sessions Judge, Shimla, H.P. in Criminal Appeal No. 51 -S/10 of 2006, titled as Munish & another vs. State of Himachal Pradesh, they stand acquitted on all counts.