STATE OF H P Vs. KAMAL AND OTHERS

JUDGEMENT

(1.) The State of Himachal Pradesh standing aggrieved by the verdict recorded by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, whereby he reversed the findings of conviction recorded upon the accused by the learned Judicial Magistrate 1st Class (II), besides pronounced a verdict of acquittal upon them, stands hence constrained to institute the instant appeal herebefore.

(2.) The brief facts of the case are that on 29.03.1998 one Hakam Chand was working as room attendant in a restaurant at Dharamsala owned and managed by Punjab Tourism Report. At about 9.45 some customers came and complainant was directed by the Manager of the concerned resort to show the rooms to the customers. After the rooms were shown and the customers opted to occupy that room Hakam Chand went out to bring his luggage. In the meantime some other customers came who inquired about availability of rooms and charges. In the meantime the accused, who were employees of Hotel Ishan Resort came and told that they were charging 100/- only for the night stay in their hotel. The room attendant Hakam Chand called the Manager namely Pritam Chand and told him that their customers are not being permitted by the accused party to come to their restaurant. The Manager of Ishaan Resort Madhu Sudan told Pritam Chand that he would beat him. At this Pritam Chand went inside the resort whereas the accused started giving beatings to the complainant. All the accused, namely, Kamal, Amit, Kapil, Madhu Sudan and one another boy came there and administered him beatings. His uniform was also torn. In this scuffle he also lost his golden chain and money which were in his pocket. He had also suffered injuries. The manager informed the police on the basis of which F.I.R was registered and after completing all codal formalities and on conclusion of the investigation into the offences, allegedly committed by the accused, challan was prepared and filed in the Court.

(3.) A charge stood put to the accused by the learned trial Court for theirs committing offences punishable under Sections 341, 353 and 332 read with Section 34 IPC to which they pleaded not guilty and claimed trial.