JASWANT RAI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This Revision Petition is directed against the judgment dated 22-1-1998 passed by the learned Additional Sessions Judge, Sirmaur at Nahan whereby the conviction of and sentence awarded to the petitioners by the learned Judicial Magistrate 1st Class (2), Paonta Sahib under Section 332 read with Section 34 of the Indian Penal Code was maintained.

(2.) Brief facts leading to the presentation of the present petition may be summarised as follows;

(3.) The accused along with so many other persons are the employees of Cement Corporation of India Ltd. Rajban which is a Government of India Enterprise. In the year 1986 there was a strike by the contract labourers in the said Corporation in which Atma Ram and Baldev Singh were suspended. When the strike was called off they were re-instated. On 27-10-1986 Atma Ram and S. K. Minhas were suspended for disobedience. On 29-10-1986 the petitioners and their co-accused formed an unlawful assembly at about 9 a.m. Accused Atma Ram blew siren of the Factory of the Corporation and thereafter the accused including the petitioners started raising slogans against the Management. PW-4 Tarsem Lal sent PW-6 N. C. Patial to inquire about the blowing of the siren. In the meanwhile, the accused entered the office of PW-4 Tarsem Lal and started beating him. The accused also damaged the furniture lying in his office. He was dragged out of the office in the presence of PW-12 K. V. Karup. The accused further caused simple hurts to PW-1 G. S. Anand, PW-4 Tarsem Lal, PW-6 N. C. Patial, PW-7 R. J. Pillay, PW-12 K. V. Karup, A. K. Srivastwa, G. S. Husain, B. P. Gupta and D. P. Gupta while they were discharging their official duties. The matter was reported to the police by PW-4 Tarsem Lal vide complaint Ex. PW-4/A whereupon F.I.R. Ex. PW-11/A came into being at police station Paonta Sahib. The injured were medically examined by PW-8 G. P. Devadi who issued the M. L. Cs Exts. PW-8/A to E. On completion of the investigation the Investigating Agency presented a charge-sheet under Sections 147, 149, 353, 332, 427, 452, 504 and 506, I.P.C. against Atma Ram, Suresh Kumar, Puran Chand, Girdhari Lal, Raja Ram and the petitioners in the Court of concerned Judicial Magistrate. The accused were charge-sheeted for the commission of offences punishable under Sections 147, 332 read with Section 149, 427 read with Sections 149 and 506 read with Section 149 of the Indian Penal Code to which they pleaded not guilty. To prove the charge against the accused the prosecution examined as many as 14 witnesses.