RAJAN AND ORS. Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant revision petitions stand directed against the judgment of the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, rendered on 3.3.2009 in Cr. Appeal No. 10 of 2007 whereby it affirmed the conviction recorded against the Revisionists (for short "the accused") by the learned trial Court on 30.3.2007 in case No. 102 -2 of 2003 under Sec. 332/34 IPC, however, it modified the sentence as stood imposed upon the accused by the learned trial Court from theirs suffering simple imprisonment for three months to theirs suffering sentence till the rising of the Court besides imposed upon them a fine of Rs. 1000/ - each for the offences alleged against them and in default of payment of fine the accused stood sentenced to undergo simple imprisonment for one month.

(2.) The brief facts of the case are that in September, 2003, PW 3 Tara Chand complainant has been working as driver in HRTC Reckongpeo Depot. On 3.9.2003 PW 3 had been detailed on duty on bus No. HP25 -0291 catering to Kaza -Shimla route. Tara Chand was conductor with the complainant on 3.9.2003. Among others, PW - 4 Prem Singh had boarded the bus from Reckongpeo. PW - 3 had left bus stand Reckongpeo at about 7.30 p.m. PW - 3 had reached Powari at abut 8 p.m. whereat he noticed that on car bearing No. HP -27/0511 stood parked on one side. On accused Ranjan was standing in the centre of the highway. PW - 3 requested the accused to step out of the highway, instead of stepping aside, the accused aforesaid was stated to have picked up a quarrel with PW - 3. The accused person had pulled PW - 3 out of the bus and dragged him. At such stage, two other persons had joined the accused namely Ranjan. All of them started causing hurt to PW - 3. The accused persons were stated to be under the influence of liquor. The accused persons had torn the shirt Ex. P -1 to P -3. The accused persons were stated to have prevented PW - 3 from discharging his duty as a public servant. Thereafter PW - 3 had reported the matter to the police vide FIR Ex. PW - 3/A. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused, the Investigating Officer prepared challan and filed the same in the Court.

(3.) The accused stood charged by the learned trial Court for theirs committing offence punishable under Sec. 332 read with Sec. 34 of I.P.C., to which they pleaded not guilty and claimed trial.