NATIONAL INSURANCE CO. LTD. Vs. NISHA VERMA

JUDGEMENT

(1.) This appeal is instituted at the instance of the State against the judgment dated 17.7.2008, rendered by the learned Sessions Judge, Una, H.P. in Sessions Case No. 02/2005, whereby the respondents-accused (hereinafter referred to as accused), who were charged with and tried for offences punishable under Sections 341, 332, 333, 353 & 506 Penal Code read with Sec. 34 IPC, have been acquitted.

(2.) The case of the prosecution, in a nut shell, is that complainant Ranbir Singh was serving as driver in Himachal Road Transport Corporation (hereinafter referred to as "HRTC" in short), Una. On 25.5.2003, at about 6:30 AM, the complainant started bus No. HP-20-9416 from Bus Stand Una to Bangana via Talmehra. When the bus reached near the point known as Purana Hospital Chowk, Una, the complainant overtook a bus known as Devi Darshan bearing registration No. HP-19-5555, which was moving slowly ahead of the bus being driven by the complainant. As soon as the bus being driven by the complainant reached the Old Bus Stand, Una, the driver of the Devi Darshan bus overtook the bus of the HRTC and halted the same diagonally in front of the bus being driven by the complainant. Thereafter, the accused Sanjay Kumar and Suresh Kumar, who were driver and conductor of Devi Darshan bus along with one another person got down from that bus. Accused Sanjay Kumar opened the driver s window of the HRTC bus and thereafter all the three accused persons pulled the complainant down from the seat and accused Suresh Kumar administered fist blow on the nose and other parts of his body. Thereafter, accused Sanjay Kumar and Chaman Lal also gave fist blows to the complainant. The complainant was saved from the clutches of the accused by the conductor of the bus and some other persons who gathered on the spot. Accused Sanjay Kumar also threatened the complainant by saying "you consider yourself a faithful worker of the HRTC, you have been saved today and if ever you tried to take panga (tried to affront) with us, you will not be spared". The conductor of the HRTC bus informed the Traffic Manager, Una over telephone, who came on the spot and the police was informed. The accused persons ran from the spot. The police reached the old Bus Stand, Una and recorded the statement of the complainant under Sec. 154 Crimial P.C. on the basis of which FIR No. 313 of 2003 dated 25.5.2003 was recorded. The clothes of the complainant were taken into possession vide recovery memo. On completion of the investigation, challan was put up after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as 14 witnesses. The accused were also examined under Sec. 313 Crimial P.C. According to them, they were falsely implicated. The learned trial Court acquitted the accused, as noticed herein above. Hence, this appeal.