STATE OF HIMACHAL PRADESH Vs. BHUPINDER @ BHUPPI

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the judgment of acquittal rendered on 30.4.2007 by the learned Judicial Magistrate 1st Class (4), Shimla upon criminal case No. 31/2 of 2006/2000.

(2.) The facts relevant to decide the instant case are that on 16.12.1998 Vikas Bali, complainant got his statement under Section 154 Cr. P.C. Ext. PW1/A recorded with Sh. Prakash Chand at IGMC Shimla that on 16.12.1998 at 5:30 P.M. he along with his friends Ankush, Kuljeet and Maasi Alpana was taking tea in Selitiyer Hotel. When he came out for toilet, one boy met him outside the room, who disclosed his name as Udit. That boy asked him not to do what he was doing in R.C.C. When the complainant Vikas Bali asked what he was doing, that boy gave two fist blows. The waiters and his companions also came there and rescued him from the clutches of said Udit. That boy also threatened the complainant to kill him and ran away from the spot. Thereafter, he along with his companions went to his house. At 9 P.M., when he along with his family members was present at his house, another boy named Rajesh came there and knocked at the door of his house. His sister opened the door. Rajesh inquired whether the house was belonging to J.N. Bali. In the meantime, their neighbour Saraswati came there and disclosed that the said boy was asking for the house of Bali and his other companions were standing outside. In the meanwhile, 3-4 boys along with Udit came inside and one of them was having rod, who was asked by Udit to kill him. He was attacked with the rod and thereafter all the accused started beating him with fist blows and with the rod. When his father tried to rescue him from the clutches of the accused, they also gave beatings to his father. When he alongwith his father came outside after rescuing themselves, those boys also came outside and 4-5 other boys joined them. All the accused persons again started beating them. On hearing their noise, their neighbours Kushal Kumar and Mukesh Kumar etc. came on the spot and rescued them. Udit was caught by him whereas Rajesh was apprehended by the other persons on the spot. The statement after endorsement was sent to Police Station through Daljit Singh on the basis of which formal FIR Ext. PW5/B was registered.

(3.) On conclusion of the investigations, into the offences, allegedly committed by the accused persons, a report under Section 173 of the Code of Criminal Procedure was prepared and filed before the learned trial Court.