IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. Appeal Nos.314 & 335 of 2009 Date of Decision: 18.04.2026 -----------------------------------------------------------------------------------------

1. Cr. Appeal No.314 of 2009 State of Himachal Pradesh ...Petitioner Versus Jitender Singh & Ors . …Respondents

2. Cr. Appeal No.335 of 2009 State of Himachal Pradesh ...Petitioner V ersus Rajesh Kumar …Respondent Coram: r The Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting?¹ .

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For the appellants(s): Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocate Generals with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General.

hFor the Respondent(s): Ms. Simran Chauhan, Advocate vice Mr. Anil Chauhan, Advocate, for respondent No.1, in Cr.Appeal No.335 of 2009.

Mr. Sanjeev Kuthiala, Senior Advocate with Mrs. Garima Kuthiala through video conferencing & Ms. Tamanna & Ms.Rachna Kuthiala, Advocates, for respondents in Cr. Appeal No.314 of

2009.

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Sandeep Sharma, J. (Oral)

Since common questions of facts as well as law are involved in both the above-captioned cases, this Court heard them together and the same are now being disposed of vide common judgment.

1 Whether reporters of the local papers may be allowed to see the judgment?

2. In nutshell, case of prosecution as emerge fr.om the pleadings as well as other record made available to this Court is that FIR Ext. PW-7/A came to be lodged against the persons namely Jitender, Rajesh Kumar, Suresh, Yograj, Dhanbir, Kamlender, Arun Kumar, Geeta Ram @f Vijay and Ram Lal under Sections 147, 148, 341, 325, 323 and 506 of Indian Penal Code, on the basis of statementt of the complainant, namely Naresh Kumar (PW-1), who alleged that on 30.06.2003, while he was returning from Basadhar to Solan driving bus bearing registration No.HP-16-2185 and had reached near Snora at about 10:15 a.m., he found three vehicles bearing registration Nos. HP-16-0431, HP-16-4001 and HP-025-0110 parked in the middle of the road and there were about 15-20 persons including the accused standing on the road. He alleged that he stopped the bus on the H road and suddenly accused Jitender and Kamlender dragged him out of the driver seat and thereafter, alongwith other co-accused gave beatings to him. He alleged that Jitender Kumar (PW-5), who was conductor in the bus, was also dragged out of the bus and beaten by the accused Yog Raj, Rajesh, Surender, Chhellu, Ram Lal and Jitender with dandas and iron rod, which they were carrying at relevant time, as a result thereof, they both suffered multiple injuries. Complainant also alleged that accused Rajesh also got signed a blank paper from him and took away his ring and watch. Complainant also apprised Court that incident was s.een by Vinod Kumar (PW-2), Shamsher Singh (PW-12) and Subhash Chand (PW-14). Record reveals that on receipt of information with regard to aforesaid incident, ASI Krishan Kumar (PW-13) along with Constable Rajender went to the sfpot and found that both the complainant Naresh Kumar (PW-1) and Jitender Kumar (PW-5) were lying there in an injuretd condition, who were thereafter taken to hospital at Rajgarh. After lodging of FIR Ext. PW-7/-A, police also got Naresh Kumar (PW-1) and Jitender Kumar (PW-5) medically examined at Sub Divisional Hospital, Rajgarh. Dr. Yash Pal (PW-9), who examined both the injured persons named herein above, opined that they had sustained both simple and grievous injuries, in respect of which MLCs Ext. PW-9/B and Ext. PW-9/C were issued. Police, after having completed codal formalities, H started investigation and after completion of investigation, presented challan in the competent Court of law, which being satisfied that prima facie case exists against the accused named in the FIR, proceeded to frame charges against the accused under Se