Udham Singh and others vs. State of Himachal Pradesh

Indian Penal Code, 1860 – sections 343, 353 and 332 read with Section 34 – conviction and sentence of the petitioners of the offences under – in challenge – While the Inspector Weight & Measures, Mandi was checking weights and measures in the shop of petitioner, he found one measuring balance of 100 grams kept by accused for selling the goods which was without any seal and on these basis when he prepared the challan, the accused, his father, brothers and a shopkeeper (who runs a tea stall) caught hold of the original challan book and the original and photocopy of the same were torn and the shop – the complainant was serving as Inspector (Weights and Measures) and when the alleged incident took place, he was in the shop of accused in discharge of his official duties when he was physically assaulted by the accused and was also wrongfully restrained by them – the petitioners cannot be given the benefit of Probation of Offenders Act – order upheld.