STATE OF HIMACHAL PRADESH Vs. CHET RAM

JUDGEMENT

(1.) By way of this appeal, appellant/State has challenged the judgment passed by the Court of learned Judicial Magistrate 1st Class, Rajgarh, District Sirmaur, HP, in Criminal Case No. 55/2 of 2005, dtd. 18/10/2006, vide which, learned trial Court acquitted the accused therein who were tried for commission of offences punishable under Ss. 341, 342, 323, 355, 506 read with Sec. 34 of the Indian Penal Code (hereinafter referred to as the 'IPC').

(2.) The case of the prosecution in brief was that complainant Soma Devi, who was the wife of Chet Ram, was residing with her nephew at Solan. She used to do sewing work at Rajgarh. On 5/8/2005, complainant alongwith Hem Raj, Vikram and his wife had gone to Haripurdhar temple. While on their way back to Rajgarh in a bus at Nohradhar, accused persons entered the bus and started beating Hem Raj. Complainant came to the rescue of Hem Ram but accused kept on beating Hem Raj. Thereafter near Choordhar bye-pass, accused persons got down from the bus alongwith Hem Raj and the complainant and took them inside a godown, where faces of the complainant and Hem Raj were painted with black colour by the accused. The complainant and Hem Raj were also forced to sit inside the godown for about 45 minutes. Both the complainant and Hem Raj received injuries. The matter was reported to the Police vide report Ext. PW14/A, on the basis of which, FIR Ext. PW13/B was registered. Investigation was carried out. Spot map was prepared, tickets of the bus were taken into custody and both the complainant as also Hem Ram were got medically examined. Statements of witnesses were recorded under Sec. 161 of the Code of Criminal Procedure.

(3.) After completion of the investigation, challan was filed in the Court and as a prima facie case was made against the accused, they were charged for commission of offences punishable under Ss. 341, 342, 355, 323 and 506 read with Sec. 34 of IPC, to which they pleaded not guilty and claimed trial.