RANJODH SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant appeal, is, directed by the convicts/ accused/appellant, against, the pronouncement made by the learned Additional Sessions Judge-II, Kangra at Dharamshala, H.P., upon, Sessions Case No.32-G/VII/06, whereunder, he convicted, besides imposed consequent therewith sentences, upon, the convicts/accused/ appellants herein, for theirs committing offences punishable, under, Sections 365, 367, 323, 201 read with Section 34 of the IPC.

(2.) The facts relevant to decide the instant case are that at about 3.45 a.m. on 11.6.2005, Naresh Kumar, complainant came out of his house in village Haripu to attend the call of nature. Suddenly, the accused pounced upon him and they started beating him. The accused Vinay Kumar was carrying a hockry stick with which he hit on the head of the complainant. Accused Kartar Singh started the scooter bearing No. HP-40-3073 and the other co-accused Ranjodh Singh and Vijay Kumar made the complainant to sit on the scooter, while accused Kamal caught him by sitting behind him. The other two accused came on the motor cycle bearing Np. HP-36-4926. When the complainant was being taken towards Bankhandi side, he tried to rescue himself near Halwai shop of Ashok Kumar and in that process, the scooter fell down. The complainant tried to run away, but all the accused again started beating him. At that spot chappals of the complainant also fell down. The liver of the scooter was damaged. The complainant was again made to sit on the motor cycle being driven by accused Vinay and caught by accused Kamal from behind. Then the complainant was taken by accused to Ranital, where his blood stains clothes were removed and he was given the other clothes to wear. He was again beaten up there and thereafter vehicle bearing No. HP-36-6908 was called and in which the complainant was asked to sit. The accused further put two cartons of liquor containing 24 bottles in the vehicle and they took him to the Police Station, Kangra where a case was got registered against him. In the police Station, Kagran an FIR Ex.PW3/A was got registered at about 6.30 a.m. Two cartons containing 24 bottles of liquor were taken into possession in the Police Station, Kangra vide seizure memo Ex.PW5/D. The motor cycle bearing No. HP36-4926 was also recovered vide memo Ex.PW5/E and the vehilce was handed over by accused Vinay Kumar. In the evening when relatives of the complainant intervened, statement of the complainant, embodied in Ex.PW9/A, under Section 154 of the Cr.P.C., stood recorded and on its basis FIR Ex.PW5/A was registered against the accused. Thereafter the police started investigations in the case, and, completed all the codal formalities.

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