GURMEET SINGH @ MEETA Vs. STATE OF H.P.

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 11/4/2014, passed by learned Sessions Judge, Sirmour District at Nahan, (learned Appellate Court) vide which the judgment of conviction dtd. 21/2/2013 and order of sentence dtd. 25/2/2013, passed by learned Chief Judicial Magistrate, Sirmour District at Nahan (learned Trial Court), were upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present revision are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Ss. 353, 332 and 290 of the Indian Penal Code (IPC). It was asserted that the informant HHC Pradeep Kumar (PW6), Constable Jagat Singh (PW9), HHG Balak Ram (PW2) and HHG Mohan Singh (n t examined) were on a patrolling duty on 22/1/2008. They reached near the shop of Kulveer Singh (PW5) located in Mohalla Govindgarh, at about 6.30 PM. Gurmeet Singh (acc sed) and another person were consuming liqu r utside the shop. Pradeep Kumar (PW6) advised the accused not to consume liquor at a public place. Gurmeet Singh became infuriated, caught hold of the informant's uniform, and slapped the informant. The informant sustained injuries to his neck. The button of his shirt was torn. Another person ran away from the spot. Surinder Kumar (PW1) rescued the informant from the accused. The matter was reported to the police. An entry No. 10 (Ex.PW3/B) was registered in the Police Station. ASI Ram Lal (PW8) went to the spot to verify the correctness of the information. The informant made a statement (Ex.PW6/A) which was sent to the Police Station, where FIR (Ex.PW8/A) was registered. ASI Ram Nath (PW8) investigated the matter. He prepared the site plan (Ex.PW8/C). He seized the liquor bottle (Ex. P3) bearing Mark 'Lal Kila', one broken button (Ex. P2) of the uniform, and two empty glasses (Ex. P4) vide memo (Ex.PW1/A). e sealed the bottle with seal 'M'. He put the broken button into a cloth parcel and sealed the parcel with seal 'T'. He seized the shirt (Ex. P1) vide memo (Ex.PW1/B). He put he shirt in a cloth parcel and sealed the parcel with a seal imp ession 'T'. He obtained the seal impression 'M' (Ex.PW8/F) and seal impression 'T' (Ex.PW8/E) on separate pieces f cl th and handed over the seals to Balak Ram. He filed an application (Ex.PW8/M) for conducting the medical examination of the informant. Dr S.M. Ali (PW4) medically examined the victim and found that he had sustained multiple injuries which could have been caused by beating. He issued the MLC (Ex.PW4/A). ASI Ram Nath seized the informant's posting and transfer orders (Ex.PW7/A and Ex.PW7/B). He recorded the statements of the remaining witnesses as per their version. After the completion of the investigation, a challan was prepared and presented before the learned Trial Court.

(3.) The learned Trial Court charged the accused with the commission of offences punishable under Ss. 353, 332 and 290 read with Sec. 34 of the IPC, to which he pleaded not guilty and claimed to be tried.