ACHHAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellants Achhar Singh and Budhi Singh are aggrieved by the judgment and order dated 12.05.2010/27.05.2010 passed by the High Court of Himachal Pradesh whereby their acquittal by the Addl. Sessions Judge, Mandi dated 24.02.1998 has been set aside. Consequently, Achhar Singh has been convicted for offences under Sections 452, 326 and 323 of the Indian Penal Code, 1860 ("IPC") and sentenced to undergo rigorous imprisonment for five years along with fine, while Budhi Singh has been convicted for offences under Sections 302 and 452 IPC and sentenced to undergo imprisonment for life along with fine.

(2.) The prosecution case, in brief, is that on the night of 23.02.1996, the complainant Netar Singh's wife (Meera Devi, P.W.11) and mother (Swari Devi) had attended the marriage function in a nearby village at the house of the bridegroom with whom their neighbour Budhi Singh's daughter got married. Both the ladies returned home with 'Dhaam' (traditional food served on social events). It is relevant to mention here that owing to their social boycott by Budhi Singh and some other villagers, Netar Singh's family did not attend any marriage function at the former's house. At about 8 pm when the complainant and his family were taking Dhaam, Budhi Singh, Achhar Singh along with some other villagers shouted for the complainant and his father (Beli Ram, P.W. 12) to come out. When they neared the door, they sensed the intention of the accused to kill the complainant party. The appellants and other villagers started pelting stones at the complainant party which forced them to rush back to the house and bolt their door. The assailants, however, broke open the door and entered the house bearing arms. Budhi Singh and Achhar Singh had axes, while the other accused were armed with sickles, spears and sticks. It is alleged that Budhi Singh executed an axe blow on Swari Devi's head causing her death on the spot and Achhar Singh hit Beli Ram with an axe due to which the latter fainted. The complainant was also allegedly beaten with sticks by other villagers after which he somehow managed to escape to the roof. Meera Devi begged the assailants for mercy and they left threatening that the complainant's family will be killed if they tried to leave the house.

(3.) Meanwhile, some villagers including Govind Ram (D.W.2) and Bahadur who were standing outside intervened and called on the accused persons to stop the violence whereupon the accused were forced to leave the place of incident. Afterwards, at around 2:00 AM the complainant went to the house of the Pradhan of Gram Panchayat (Beasa Devi - D.W. 1) to inform her about the assault. She advised the complainant to contact the police. Since phone lines were down in the village and no buses plied at night, the complainant walked 24 kms to Jogindernagar police station and lodged FIR No. 36 of 1996 against sixteen villagers including the appellants at 9:30 AM on 24.02.1996. The police after investigation found that only seven persons out of the lot were involved in the attack against whom charge-sheet was filed. The accused persons were committed to stand trial for offence under Sections 147, 148, 452, 506, 323, 302 and 326 of the IPC.