STATE OF HIMACHAL PRADESH Vs. RAM SINGH

JUDGEMENT

(1.) This appeal of the State is directed against the acquittal of the Respondents Ram Singh and Gumant Ram (hereinafter referred to as A-1 and A-2) for offences punishable under Sections 147, 447, 325 and 506 of the Indian Penal Code passed by the learned Additional Sessions Judge, Kullu dated 25.5.1996.

(2.) Prosecution case, as disclosed in the statement of Ahi Chand (PW-1) is that on 1.5.1993, he was working in his fields alongwith his son Baldev Singh (PW-2) and his daughter Lata Devi (PW-4). At about 7.00 a.m., Ram Singh (A-1), Gumant Ram (A-2) and their other family members Bahadur, Om, Peg Ram, Shari Devi, Premla, Keshav Ram, and Nok Singh came to the field and started beating Ahi Chand, his son Baldev Singh and daughter Lata Devi. All of the accused were armed with Dandas. Ahi Chand, Baldev Singh and Lata Devi sustained injuries. Ahi Chand sustained fracture of right arm. Six Dandas, with which the accused were armed, were handed over by Baldev Singh (PW-2) to the police during the course of investigation.

(3.) Learned trial Magistrate charged all the accused, namely Ram Singh, Gumant Ram, Om Prakash, Peg Ram, Premla Devi, Shari Devi, Ama Devi, Nokh Singh, Keshav Ram and Bahadur Lal for offences punishable under Sections 147, 447, 325 and 506 IPC. The accused claimed trial. Learned Magistrate vide his judgment dated 17.11.1995 acquitted accused Om Prakash, Shari Devi and Ama Devi and convicted the remaining accused including A-1 and A-2 for all the offences charged with, namely, under Sections 147, 447, 325 and 506 IPC. Feeling dis-satisfied with the conviction, all the convicted accused preferred two sets of appeals. One appeal No. 33 of 1995 was filed by Ram Singh and Gumant Ram. The other appeal was filed by Bahadur Lal, Peg Ram, Premla Devi and Nokh Singh. Both these appeals were taken up together and disposed of by the impugned judgment acquitting all the accused.