MADAN SINGH Vs. STATE OF HP

JUDGEMENT

(1.) The present revision petition has been filed against judgment passed by learned Additional Sessions Judge, Fast Track Court, Shimla, dated 16.7.2008 in Cr. Appeal No. 14-S/10 of 2007 vide which judgment, the learned Appellate Court has allowed the appeal and set aside judgment dated 5.2.2007 of acquittal passed by learned Judicial Magistrate 1st Class, Court No.II, Shimla and sentenced & fined the petitioners/accused.

(2.) Briefly the facts of the case are that on the afternoon of 5.4.2002, Ram Krishan-PW1 recorded a statement under Section 154 Cr.P.C. stating therein that he was employed as a Conductor with Himachal Road Transport Corporation (hereinafter to be referred as 'HRTC'), Unit No.3, Dhalli, Shimla. On 4.4.2002 he was on duty on HRTC Bus No. HP-07-2467 which was enroute to Swera Khud from Shimla. The bus was being driven by Deep Ram driver. The bus left Shimla on 4.4.2002 at 1:30 p.m for Swera Khud. On the next day i.e., 5.4.2002 they started at 6:15 a.m from Swera Khud to Shimla. When the bus reached Sewan Kayar, about 5-6 passengers boarded the same. He started issuing the tickets to the passengers who had boarded the bus from Sewan Kayar. In this process, when he reached to the accused persons and asked them as to where they intend to go, both of them got enraged and remarked that they were relatives of retired inspector and the complainant had no authority to enquire from them as to where they intended to go. They further proclaimed that till date no Conductor had dared to issue a ticket to them and they would not buy any tickets. In this process, other passengers also asked the accused as to why they were not purchasing the tickets and inquired from them as to where they have to go and why they are not purchasing the tickets. On this, they remarked that they have to go to Basantpur, but they will not buy the tickets. However, the Complainant issued tickets of Rs. 3/- each and handed over the same to the accused. The accused after taking the tickets threw the same inside the bus and rather than paying the fare of tickets started battering the complainant by giving fisticuffs and kicks. The complainant was saved from the clutches of the accused by other commuters and in this scuffle, the shirt of the complainant was also torn by the assailants. He came to know their names as Madan Singh and Naresh Kumar respectively. As the accused had obstructing the complainant from discharging his official duties and also beaten him up, as a result of which he sustained injuries on his right ear, he got the complaint registered and requested that action be taken against the culprits. He also mentioned that the accused has disembarked from the bus at Basantpur and when they were leaving had stated that though they have let off the complainant today, but in future they would kill him as and when they find an opportunity. On the basis of this statement, FIR No. 89 of 2002 was registered at Police Station, Dhalli. The complainant was got medically examined after the completion of necessary investigation, final report for trial of the accused was presented to the Court. Accused were summoned and after a prima facie case was found to be existing against them, they were charged under Sections 353, 332 and 506 read with Section 34 of the Indian Penal Code. The accused pleaded not guilty and claimed to be tried.

(3.) In order to substantiate its case, the prosecution in all examined 10 witnesses. The statement of the accused were recorded under Section 313 of the Cr.P.C., in which they denied their involvement and mentioned that they were innocent and stated that they had been implicated in a false case. The learned trial court vide its judgment 5.2.2007 has held that on the basis of evidence on record the case of the prosecution is full of doubts and major contradictions and the Ld. Court accordingly acquitted the accused by giving them benefit of doubt.