LAWS(HPH)-2010-10-420

STATE OF H.P. Vs. GULSHAN AND ORS.

Decided On October 29, 2010
STATE OF H.P. Appellant
V/S
Gulshan And Ors. Respondents

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 10.12.1996 delivered by the learned Sessions Judge, Kangra Division at Dharamshala in Sessions Trial No. 1 of 1996 whereby the accused have been acquitted of having committed offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code.

(2.) THE prosecution story, in brief, is that the accused persons formed an unlawful assembly and in prosecution of the common object of this assembly murdered the deceased, Balbir Singh on 29.5.1995 near Bus Stand, Baijnath at about 11.05 a.m. According to the prosecution, deceased Balbir had come to Baijnath. The accused persons followed the deceased and outside the liquor vend, all of them caught hold of the deceased and then took him towards the Pandol Road where four of the accused caught hold of the deceased and the other two, i.e., Gulshan and Tihru gave knife blows to the deceased.

(3.) THE stand of the accused is that on 29.5.1995, accused Gulshan was standing at Bus Stand, Baijnath to board a bus for Palampur. According to him, he was attacked from behind and knife blows were given to him. He raised a hue and cry and he found that the deceased Balbir who had khukri in his hand had attacked him. He apprehended danger to his life. Thereafter, he warded off the attack and received injuries on his hand. Thereafter, a lot of people gathered on the spot. The case of Gulshan, accused is that he was going to police station to lodge the complaint when PW/26 met him.