MANOJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These appeals by special leave are directed against the judgment dated 20th November, 2009 passed by the High Court of Himachal Pradesh in Criminal Appeal No. 312 of 2006 whereby the High Court upheld the conviction and sentence against the appellants as awarded by the learned Sessions Judge for the offences punishable under Sections 302, 341 and 323 read with Section 34 of the Indian Penal Code (IPC).

(2.) The facts necessary to deal with these appeals, as culled out from the prosecution case, are that as per the revenue records one Jaram Singh (PW1) and others are the owners of land bearing Khata/Khatauni No. 164/220, Khasra No. 605. The said Jaram Singh (PW1) had mortgaged the aforesaid land with one Krishan Lal and Subhash Chand, but the land remained in the possession of Prem Dass (deceased). Disturbed with the interference of the appellants in the said land, PW1-Jaram Singh and the deceased Prem Dass filed a civil suit against the appellants and thereby restrained the appellants from raising any construction in the disputed land.

(3.) On 24th March, 2004 at about 8.30 p.m. Jeewan (PW12)-complainant left his house in search of his father Prem Dass who went to a nearby village, and found his father Prem Dass in the company of Yashwant Singh (PW13) and Narso Ram (DW1) near a village called Chhedu. All of them while returning to their village, they came across the disputed land where they found the appellants and their family members, seven persons in all. Suddenly at once, they attacked Prem Dass. Manoj Kumar (A4) was wielding a spade (belcha), Surinder Kumar (A3) was carrying a Drat (sickle) and other accused were armed with sticks. Manoj Kumar (A4) gave a belcha (spade) blow on the head of Prem Dass and accused Surinder Singh struck him with a blow of sickle causing injury on the right hand index finger of Prem Dass while other accused were beating him with sticks. In order to save their lives the deceased Prem Dass, Yashwant Singh (PW13), Narso Ram (DW1) and the complainant Jeewan (PW12) ran from the scene helter-skelter, while the accused Rangeel Singh (A1) was declaring that Prem Dass will have to lose his life. By adopting another route, Jeewan (PW12) reached the shop of Yashwant Singh (PW13) where he found his father Prem Dass in semiconscious condition with bleeding profusely. They called the driver Ashok Kumar (PW2) with his Maruti Van and took the injured Prem Dass to the police post at Sinhunta and lodged a report. Accordingly, FIR No. 45 of 2004 (Ext. PW.6/A) was registered.