STATE OF H.P. Vs. BRIJ MOHAN

JUDGEMENT

(1.) STATE is aggrieved by the judgment of the trial Court whereby the respondents, who were tried for offences punishable under Section 307 and 353 read with Section 34 IPC and Section 41 and 42 of the Indian Forest Act, have been acquitted.

(2.) ALLEGATIONS on which the respondents were charged and tried for the aforesaid offences may be noticed. On the night intervening 22nd and 23rd December, 1990, a Naka had been organized by ASI Chander Singh (PW -4) near Police Station Renukaji. He was accompanied by PW -2 Pradeep Kumar (injured) and some other police officials. Around 3.30 a.m. a Maruti Van bearing registration No. HPY -866 appeared from Dadahu side. It was being driven by respondent Brij Mohan. There were four other persons in the vehicle, including respondent Dinesh Kumar. The road had been blocked by laying some wooden logs to make the Naka effective. Because of the blockage, the van stopped. Respondent Brij Mohan, who knew PW -2 Pradeep Kumar, Constable, from before, called him to the place where the van had been brought to a halt. When PW -2 Pradeep Kumar went near the aforesaid vehicle and placed his hand on the angle -iron, fitted above the front bumber of the vehicle, respondent Brij Mohan allegedly moved the vehicle at slow speed and then at a distance of 20 -25 feet Pradeep Kumar fell on the road and left side tyres of the van passed over his legs. He sustained crush injuries. The vehicle was allegedly being used for illegal export of timber.

(3.) DURING the course of trial, prosecution examined PW -1 Dr.A.K.Gupta, who conducted the medico legal examination of PW -2 Pradeep Kumar. Pradeep Kumar himself appeared as PW -2 ASI Chander Singh, who headed the police party, was examined as PW -4 and Rustam Ali, another police official, who was a member of the Naka party, as PW -5.