KAMALJEET SINGH Vs. VIKAS SHARMA AND OTHERS

JUDGEMENT

(1.) The victim of the occurrence, Sh. Kamaljeet Singh (PW -1) has come up in appeal before this Court. He is aggrieved by the judgment dated 10.09.2010 passed by learned Additional Sessions Judge, Shimla in trial No. 14 -S/7 of 2009, whereby the respondent herein (accused in the trial Court) has been acquitted from the charge framed against him.

(2.) The complainant is driver and working as such in Himachal Road Transport Corporation. On 08.07.2008, he was on duty with bus No. HP -07 -4881 bound to Adiyog from Kotkhai. One Sh. Jagdish Chander was the conductor of the bus. The bus when reached at Adiyog around 6.30 P.M., the complainant after dropping the passangers brought back the same to Janol, as he used to park the same there. He parked the bus and while in the process of shutting down the door and window panes, accused Vikas Sharma @ Anu appeared there and started hurling abuses to him. The complainant was dragged from the bus and the said accused started beating him. In the meanwhile, accused Sukh Shyam @ Kaku arrived there and he also administered beatings to the complainant. The complainant received injuries on his person. On hearing his cries, 2 -3 persons came to the spot and rescued him from the clutches of the accused persons. The accused allegedly threatened him with dire consequences.

(3.) The occurrence was reported to the police of Police Station, Kotkhai on 08.07.2008 around 10.20 P.M. The police swung into action. The complainant was got medically examined in Community Health Centre, Kotkhai. As per MLC Ext. PW -5/A, the complainant was found to have received five injuries on his left leg, elbow and head etc., out of which injury No. 2 i.e. contusion on left lower leg in the opinion of the Medical Officer was grievous in nature. During investigation, the police has taken in possession the appointment letter of the complainant Ext. PW -2/C duty roster Ext. PW -9/A. The police has also associated the witnesses and recorded their statements under Section 161 of the Code of Criminal Procedure. On the completion of the investigation, the police report was prepared and filed in the Court.