STATE OF H P Vs. GANPAT RAM

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 21/3/1997, accused were put to trial. In terms of judgment dated 20/8/1999 passed by the learned Sessions Judge, Solan, in Sessions Trial No. 4-S/7 of 1998 titled as State of H.P. vs. Ganpat Ram & Ors., the accused stand acquitted of the charged offence.

(2.) It is the case of the prosecution that on 21.3.1997 religious ceremony was being performed in the house of Sh. Ram Dittu (not examined) in village Havani Kol. All villagers were invited for the feast on the occasion. At about 8.00 p.m. Sh. Brij Lal (PW-10) also went for the feast. He was taken to the room in the upper floor of the house of Sh. Ram Dittu, where Sh. Ganpat Ram (accused No.1), Krishnu Ram (accused No.2) and Bhagat Ram (accused No.3) were also sitting. Accused bolted the door of the room from inside and gave blows with kicks and fists to Sh. Brij Lal. A-2 also gave beatings with danda. Hearing cries of Brij Lal, S/Sh. Hem Raj (PW-3) and Lala Ram (PW-4) forcibly opened the door and brought him towards the path outside the house of Sh. Ram Dittu. There Brij Lal met his brother Inder Singh (PW-9). Suddenly A-1 and A-3 came there and after holding Sh. Inder Singh proclaimed that they would not leave him alive. Then A-3 held Inder Singh from the arms and by taking out knife from his pocket gave it to A-1 who in turn gave two blows with the same to Inder Singh. The first on the stomach and second on the right eye as a result of which Inder Singh fell unconscious. Brij Lal ran towards his house and brought his brother Mahant Ram (not examined). In the meanwhile, a cot was arranged on which Inder Singh was carried up to the road and then taken in a truck to Darlaghat. There Brij Lal lodged report (Ext.PW-10/A) at Police Station, Darlaghat, on the basis of which F.I.R. No. 23/97 dated 22.3.1997 (Ext.10/A) under Sections 342, 307, 323, 34 IPC was recorded. SI Bhagi Rath (PW-12) commenced investigation. PW-10 was got medically examined by Dr. Amit Gupta (PW-8) who issued MLC (Ext.PW-8/A). PW-9 was referred to the State Hospital, (IGMC) at Shimla where he was examined by Dr. Ganga Rawat (PW-14) who opined the injuries to be dangerous which could have been fatal to life if not medically and surgically treated. The injured was medically treated and MLC (Ext.PW-14/A) was taken by the police. Accused were arrested on 22.3.1997. During investigation A-1 made a disclosure statement (Ext.PW-2/A) dated 22.3.1997 on the basis of which knife (Ext.P1) was recovered from the field of Sh. Ram Dittu. In the presence of S/Sh. Sukh Ram (PW-1) and Kedary Ram (PW-2) who witnessed recovery memo (Ext.PW-1/A). Police prepared site plans (Ext.PW-12/A & Ext.PW-13/B) at the spot. Clothes of the injured were taken into possession by the police. During interrogation A-2 produced danda (Ext.P4) which was taken into possession vide memo (Ext.PW-4/A) dated witnessed by Sh. Lala Ram (PW-4). Knife and clothes were sent for chemical examination and as per report (Ext.PW-7/A) human blood was found on the same. Statements of the witnesses were recorded. With the completion of investigation challan was presented in the Court for trial.

(3.) Accused were charged for having committed an offence punishable under Sections 342, 323 & 307/34 IPC to which they did not plead guilty and claimed trial. In order to prove its case prosecution examined 14 witnesses. Statements of the accused under Section 313 Cr.PC were also recorded in which they took the following common defence: