SEWA SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The present revision petition is directed against the judgment dtd. 8/7/2009/10/11/2009, passed by learned Additional Sessions Judge, Solan, District Solan (H.P.) (learned Appellate Court) vide which the appeal filed by the respondent-State against the judgment dtd. 23/1/2008, passed by learned Judicial Magistrate First Class, Nalagarh, District Solan (learned Trial Court) was allowed, and the petitioner No.1 (accused No.1 before learned Trial Court) was convicted of the commission of offences punishable under Ss. 279, 201, 323 and 506 read with Sec. 34 of the Indian Penal Code (for short IPC) and petitioners No. 2 to 4 (accused No. 2 to 4 before learned Trial Court) were convicted of the commission of offences punishable under Ss. 201, 323 and 506 read with Sec. 34 of IPC and the order dtd. 10/11/2009, vide which they were ordered to be released on probation for one year. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Ss. 279, 323, 201 and 506 of IPC read with Sec. 34 of IPC. It was asserted that the informant-Man Singh Chandel (PW5), and his wife Kamlesh Chandel (PW6), were walking on Brahman Beli Road at about 07:00 pm. A vehicle bearing registration No. CH-01-W-4586 came at high speed and attempted to crush the informant. The informant and his wife jumped towards the fields, however, the informant's dog sustained injuries. The driver stopped the vehicle. The informant told the driver that he had almost killed his pet dog. The driver of the vehicle, along with other companions, came out and started beating the informant. They pushed him in a Khud. When the informant's wife tried to rescue him, the accused persons also pushed her. The informant sustained injuries. The informant could identify the assailants as they were residing in the same area. The matter was reported to police by way of an application (Ex-PW5/A). An FIR (Ex-PW8/A) was registered at the police station. H.C. Prem Lal (PW7) conducted the investigation. He visited the spot and prepared the site plan (Ex-PW7/A). He seized the vehicle vide seizure memo (Ex-PW7/B). He filed an application for conducting the informant's medical examination. Dr Bhupesh Gupta (PW4) conducted the medical examination of the informant and found that he had sustained simple injuries which could have been caused by fist blows. He issued the MLC (Ex-PW4/A). Prem Lal (PW7) also filed an application for conducting the medical examination of the dog. Subash (PW2) conducted the medical examination of the dog. He found that the dog had sustained injuries, which could have been caused by a motor vehicle accident. The mechanical examination of the vehicle was conducted by Shyam Lal (PW3), who found that there was no mechanical defect in the vehicle which could have led to the accident. He issued a report (Ex-PW3/A). Statements of witnesses were recorded as per their version. After the completion of the investigation, the challan was prepared and presented before the learned trial Court.

(3.) The learned trial Court put the notice of acquisition to accused No.1- Sewa Singh for the commission of offences punishable under Ss. 323, 506 and 279 read with Sec. 34 of IPC and Sec. 187 of Motor Vehicles Act. The notice of acquisition was put to the other accused for the commission of offences punishable under Ss. 323 and 506, read with Sec. 34 of IPC. The accused pleaded not guilty and claimed to be tried.