SANJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Learned Additional Advocate General has placed on record the status report and the I.O. Inspector/SHO Sanjeev Kumar, Police Station, Rampur has produced the record.

(2.) Heard. The petitioner is one of the accused in FIR No. 21 of 2017 registered under Sec. 302 read with Sec. 34 of the Indian Penal Code against him and his co-accused Ram Kumar in Police Station, Rampur on 21.2017 with the allegations that during the night intervening 21/21.2017 they both picked up quarrel with Ram Krishan, the deceased at a stage when noticed him molesting the wife of the accused petitioner in his quarter at village Taklech.

(3.) The deceased is none else but being the son of the real aunt (Mossi) of the accused-petitioner is his first cousin. The accused-petitioner was serving as Constable at the relevant time in Police Post, Taklech. He had been residing there in rented accommodation taken on rent from his co-accused Ram Kumar. On 21.1.2017, his wife namely Durgi had also came to Taklech. The deceased accompanied by one Naresh Kumar also came to Taklech to the quarter of the accused-petitioner. During the night they all including accused Ram Kumar consumed liquor in the quarter of the accused-petitioner. The wife of the accused petitioner prepared meal for them. They had their meal and as in the quarter of the accused-petitioner sufficient space was not available to accommodate the deceased and Naresh Kumar, therefore he went to the house of his co-accused Ram Kumar for arranging space where they could sleep. After having meal while Naresh Kumar went to another room and slept there, the deceased left behind in the bedroom of the accused-petitioner where the wife of the latter was also present. The deceased allegedly started molesting the wife of the accused-petitioner to which she objected to. On this, hot exchanges had taken place between the deceased and the wife of the accused-petitioner. On hearing of this, the accused-petitioner and his co-accused Ram Kumar came to the room and noticed the deceased misbehaving with his wife. They caught hold the deceased and administered beatings to him with kicks and fisticuffs. The accused-petitioner made Naresh Kumar who was sleeping in another room to awake and thrashed him also and made utterances why they had come there to humiliate him. Said Naresh Kumar on apprehending danger to his life fled away from that place. The deceased allegedly started arguing with accused-petitioner and his co-accused and as such was caught hold by them and administered beating. Later on, he also fled away from the quarter of the accused-petitioner. The accused-petitioner and his co-accused followed him up to a certain distance i.e. road and then returned to the quarter.