RAJINDER PRASHAD Vs. NAND LAL

JUDGEMENT

(1.) Since both the appeals arise out of one and the same Judgment and common questions of law and facts are involved in these appeals, as such, both the appeals were taken up together for hearing and are being disposed of vide this common judgment.

(2.) 'Key facts" necessary for the adjudication of these appeals are that the complainant (appellant in both the appeals) was living in a rented accommodation at Pauriyonwala Bazaar and was on his way to Bus Stand Una to board a bus for his place of work. On reaching 'Baba Bedi Petrol Pump', all the accused persons namely Shyam Asre, Shyam Lal, Survind, Shamu and Nand Lal in prosecution of their common object caused wrongful restraint to him and started beating him. One of the accused Shyam Lal caused hurt to him in the scalp with a wooden stick meant for affixing of tiles. Other accused Ram Asre etc. who used to undertake the work of plaster of Paris (POP) and marble were interested to shunt him out of Una. Complainant was rescued by Pawan Kumar and Suresh Kumar. Complainant reported the matter to the police. He was medically examined. FIR was registered against accused under above stated provisions of the Code.

(3.) Prosecution examined as many as eight witnesses. Accused were also examined under Section 313 CrPC. They denied all the allegations levelled against them and stated that false case had been registered against them. Learned Judicial Magistrate Second Class convicted all the accused to under rigorous imprisonment for six months with fine of Rs. 2,000/- each under Section 147 IPC, further to undergo rigorous imprisonment for 6 months with a fine of Rs.2,000/- each under Section 149 IPC, to undergo rigorous imprisonment for three months with a fine of Rs.1,000/- each, under Section 323 IPC and a fine of Rs.500/- each under Section 341 IPC. In case of default to pay fine amount, all the accused have been sentenced to undergo simple imprisonment for one month.