MOHINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant criminal revision petition, lays challenge to judgment dtd. 18/6/2019, passed by the learned Additional Sessions Judge-II, Kangra at Dharamshala (camp at Jawali) in Criminal Appeal No. 26- K/X/14/2011, affirming/modifying the judgment of conviction and order of sentence dated 27/28/4/2011, titled State v. Mohinder Singh and Anr., passed by the learned Judicial Magistrate First Class (I), Kangra, District Kangra, Himachal Pradesh, in Criminal Challan No. 62-II/2005, whereby the learned trial Court while holding the petitioners-accused guilty of their having committed offence punishable under Sec. 332 read with Sec. 34 of IPC, convicted and sentenced him to undergo simple imprisonment for a period of six months each and pay fine of Rs.500.00 each.

(2.) Precisely, case of the prosecution, as emerge from the record as well as other material available on record is that complainant Sh. Sanjeev Kumar, who is a public servant, was performing his duty as a Conductor in Himachal Road Transport Corporation on the date of the incident. On 24/4/2005, while above named complainant was deputed in the bus bearing registration No. HP370362 enroute from Maruhn to Pathankot and had reached a place called Gaggal Chowk, at about 9:05AM, one private bus i.e. Bhatia Bus Service, bound from Chamunda to Nagrota Suria also reached on the spot and accused Mohinder, who was the conductor of the private bus detailed herein above, started misbehaving and quarreling with him on the issue of time table proclaiming that HRTC should proceed further immediately as per the time table, but complainant replied that he has two minutes to stay on the spot. Aforesaid incident of altercation took ugly turn and allegedly, accused Mohinder started giving beatings to the complainant. In the meantime, another co-accused Ashok Kumar, who is a conductor, also reached the spot and started giving beatings to the complainant. Above named accused allegedly threw the bag of the complainant on the ground, however complainant was subsequently rescued by the driver of the bus. On the basis of aforesaid complaint, FIR Ext.PW6/A, came to be registered against the accused i.e. petitioners herein. After completion of investigation, police presented challan in the competent court of law, which subsequently on the basis of evidence adduced on record by the prosecution held them guilty as per description given herein above.

(3.) Being aggrieved and dissatisfied with the aforesaid judgment of conviction and order of sentence dated 27/28/4/2011, recorded by the trial court below, accused preferred an appeal in the court of learned Additional Sessions Judge-II, Kangra at Dharamshala Himachal Pradesh (camp at Jawali), which also came to be partly allowed vide judgment dtd. 18/6/2019, whereby the learned appellate court modified the sentence from six months to rising of the court. In the aforesaid background, petitioners-accused have approached this Court by way of instant proceedings, seeking therein their acquittal after setting aside the judgments of conviction and order of sentence recorded by the courts below.