VISESWAR AND OTHERS Vs. RAM ASRE

JUDGEMENT

(1.) This case started on a private complaint filed by Ram Asre on 19th February, 1968, in the court of the Addl. Distt. Magistrate (J), Hamirpur. Ram Asre alleged that on 2nd August, 1967, about sunset time, he had gone to his field when he found Maharajwa and Viseswar, two of the seven Applicants in this revision application grazing their cattle in the field; they paid no heed to the protest of Ram Asre, whereupon Ram Asre driving the cattle to a cattle pond. The remaining five Applicants in this revision application, who were said to be lying in ambush, came out in the open and joined Maharajwa and Viseswar. Applicant Sahdeo was armed with a gun, while the other six Applicants were armed with lathis and Maharajwa brandished his lathi at Ram Asre, who, however, warded it off by retraining and himself hit a lathi blow on Maharajwa in self -defence. Maharajwa receded back. Thereupon Applicants Sahdeo Viseswar and Maiyadin advanced towards Ram Asre and Sahdeo fired a (sic) at Ram Asre with the gun he was carrying. The gun shot did not hurt Ram Atlre as he lay on the ground. On hearing the report of the gunshot, Ram (sic) brother, Babu Singh and Brij Kishore, Paras Ram and Ghhiddoo arrived on the spot and as Sahdeo was attempting to reload his gun with a view to firing a second shot, Babu Singh fired a shot with his gun which caused injuries to Applicants Maiyadin, Viseswar and Sahdeo. The incident closed on the intervention of witnesses. It was alleged that Babu Singh proceeded to the Police Station next morning and lodged a report of the occurrence, but the Sub -Inspector, instead of taking down the report, arrested him and forwarded him to jail. Ram Asre then made an application to the Supdt. of Police complaining about the incident and the Supdt. of Police ordered an enquiry. A case was registered in accordance with the application but, according to Ram Asre's complaint, no investigation was made by the police even though Babu Singh had also made another application to the Supdt. of Police. Ram Asre has explained that in these circumstances he made a complaint to the Magistrate directly.

(2.) The allegations in the complaint, constitute offences Under Ss. 147, 148, 307 and 440 read with Sec. 149 of the IPC and Sec. 24 of the Cattle Trespass Act and the Magistrate has either to discharge the accused Under Sec. 209 of the Code of Criminal Procedure OP commit them to stand trial, decision.

(3.) The seven accused who are the seven present Applicants pleaded not guilty and contended that they were falsely implicated due to enmity. Maiyadin, Viseswar, Maharajwa and Sahdeo put forward a counter version that Maiyadin was waylid by Babu Singh, Ram Asre and four others and was beaten. Viseswar and Maharajwa also claimed to have been beaten while Sahdeo alleged that Babu Singh tried to kill him by firing a shot at him. A counter -case was filed by them and it appears that the case? has been committed to the Court of Sessions in respect of the incident set up by the seven Applicants and is pending.