DEV RAJ Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-1997-3-4
HIGH COURT OF HIMACHAL PRADESH
Decided on March 06,1997

DEV RAJ Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents


Referred Judgements :-

V C SHUKLA VS. STATE DELHI ADMINISTRATION [REFERRED TO]


JUDGEMENT

Arun Kumar Goel, J. - (1.)This appeal has been filed by Shri Dev Raj. Ranjit Singh. Ravi Kumar and Ashok Chand (hereinafter referred to as the Appellants) All the Appellants have been convicted by the trial court for two months simple imprisonment under Section 186 I.P.C. and to pay a fine of Rs. 100/- each in default of payment whereof they have been directed to undergo simple imprisonment for one week each and for two years rigorous imprisonment under Section 333. I.P.C. as well as to pay a fine of Rs. 500/- each in default of payment whereof they have been directed to undergo further simple imprisonment for one month.
(2.)Appellants alongwith two other persons namely Puroshotam Chand and Jagdish Chand were tried in the court of Sessions Judge. Hamirpur on the charges that on 8-4-1988 at about 10.15 P.M. at bus stand Hamirpur they being members of unlawful assembly with the common object to deter and commit the violence against public servant, having voluntarily obstructed S.I. Narpat Ram in the discharge of his public functions besides having voluntarily given beatings to the said S.I. causing grievous hurt to him in order to deter him or preventing him from discharging his duties as a public servant. Appellants were also charged for having criminally intimidated said S.I. as also having been members of unlawful assembly common object of which was to deter the aforesaid S.I. from discharging his lawful duties. This charge sheet was framed by the trial court against the present appellants on 21-4-1990. After conclusion of the trial the appellants were convicted to undergo different sentences having been found guilty on two counts i.e. under Sections 186 and 333 I.P.C. whereas their other- two co-accused were acquitted. The conviction and sentences imposed by the trial court have been questioned by the appellants in the present appeal.
(3.)Brief facts of this case as per prosecution case against all the persons are that on 8-4-1988 PW-l S.I. Narpat Ram was posted as S.I. in Police Station. Hamirpur. Around 10 P.M. he received a telephonic message in the Police Station that one lady was sitting at the bus stand and number of persons had surrounded her on receipt of such information report No.36 was recorded at Police Station. Hamirpur. This S.I. Narpat Ram alongwith six constables went to bus stand on reaching there they found that a lady had been surrounded by certain employees of H.R.T.C. He made enquiry from the lady who disclosed her name as Hukmi Devi wife of Lachhman Dass belonging to Village Jatehri he further enquired from her if anyone has mis-behaved her and he advised this lady not to sit there as breach of peace was apprehended. When the S.I. Narpat Ram asked Purshotam Chand and other H.R.T.C. employees as to why they are - creating nuisance according to prosecution he was assaulted by the H.R.T.C. employees namely. Dev Raj driver Ravi Kumar, Ashok Chand, Conductor and Ranjit Singh Assistant. Bus Adda In charge and they tried to drag the former towards booking office which move was resisted by the S.I. In this tussle the file held by S.I. Narpat Ram fell down and his stick was also snatched by one of the accused who also took his Pcap. Besides this all the accused tore the right shoulder of his shirt and removed the buttons thereof. Ranjit Singh is stated to have removed the route-board from the bus and attempted to hit the S.I. but the escaped as he was pushed by one of the Home guards. Surjit Singh constable who was accompanying the S.I. observing the situation getting tense went to Police Station to bring the force. All the accused persons are stated to have given kick and fist blows to the police officials. In these circumstances in order to save himself S.I. Narpat Ram went towards Police Assistance Room (which was located in the bus stand compound). At the time when the said S.I. reached near the main gate of the bus stand he was followed by all the accused persons who caught hold of him and felled him on the ground and thereafter gave him shoe beatings resulting in causing injuries on his right hand as well as on ribs of right side and back side and took him again near the booking office- By this time police force had reached from Police Station when all the accused persons are stated to have run away while fleeing they took away the stick cap and shoulder stars of the S.I. Then S.I. came to Police Station and reported the matter in the Police station in his own hand vide Ext. P.A. whereafter he was medically examined and was also X-rayed. Torn bushirt of the uniform was taken into possession by the police vide Ex. PB.


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