YASH PAL @ JASSU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition has been filed against judgment passed by the Court of learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, in Criminal Appeal No. 34 - D/2005/03 dated 7.7.2007, vide which the Learned Appellate Court has upheld the judgment of conviction passed by the Court of learned JMIC(1), Dharamshala in Criminal Case No. 11 -II/03 dated 3.4.2003 and 4.4.2003 against the petitioner by disallowing his appeal while allowing the appeal of other co - accused, who have been acquitted of the offences alleged against them by modifying the judgment passed by the Learned Trial Court.

(2.) The case of the prosecution in brief is that on 31.12.2002 at around 9:15 p.m. complainant, Ashwani Kumar, was coming in his personal vehicle Tata -407 from Jassor towards Kangra. When he reached at a place known as Chattri on the National Highway, all accused by forming an unlawful assembly in prosecution of their common object committed rioting and wrongfully restrained the complainant and his driver from proceeding in a direction in which they had right to proceed by standing on the road. The accused also gave beatings to the complainant with a pointed object i.e. Grip and caused injury to him. The matter was reported by the complainant to police, on the basis of which Rapat, Ext.PW5/A, was recorded and FIR Ext.PW6/B was registered against all the accused. After investigation, challan was filed against all accused for trial under Sections 341, 324, 147 and 149 of Indian Penal Code (in short 'IPC'). The accused pleaded not guilty and claimed trial.

(3.) The Learned Trial Court on the basis of material produced before it by the prosecution, convicted the accused (5 in number) under Sections 341, 324, 147 read with Section 149 IPC and sentenced them to under simple imprisonment for one month each and to pay fine of Rs. 250/ - each under Section 341 IPC and to undergo rigorous imprisonment for six months each and to pay fine of Rs. 500/ - each under Section 324 IPC and also to undergo rigorous imprisonment for three months each and to pay fine of Rs. 250/ - each under Section 147 IPC. All the sentences were ordered to run concurrently.