V.K. Sharma, Judge

The State is in appeal against the judgment dated 24.03.2005, of the learned Addl. Sessions Judge, Fast Track Court, Una, Distt. Una, H.P., in Criminal Appeal No. 9/2003 RBT 26/2004, Kewal Singh and others vs. State of H.P., whereby, the appeal filed by the respondents herein, who shall hereinafter be referred to as ‘the accused’, against their conviction and the consequent sentence of various terms upto six months and fine upto ` 1000/-, for the offences under Sections 147, 324, 427 and 452 read with Section 149 IPC, by the learned Judicial Magistrate 1st Class, Court No.II, Una, Distt. Una, H.P., was accepted and they were acquitted of the respective charges framed against them.

2. In brief, the case of the prosecution is that whereas the complainant-party belonged to Santokhgarh Co-Operative Society Truck Union, which had also a branch office at Tahliwal, the accused belonged to the rival union known as Tahlliwal Truck Union. It is in evidence that there was preexisting litigation between the two unions with regard to the area of operation.

3. It was against the above backdrop that PW-1 Himmat Singh, lodged telephonic report with the police, which was