STATE OF HP Vs. PARMA RAM

JUDGEMENT

(1.) Ms. Monika Shukla, Advocate, has been requested to assist this Court as Amicus Curiae on behalf of accused-respondent No.7 and she has kindly agreed to the same. Accordingly, Ms. Monika Shukla, Advocate, has assisted this Court on behalf of accused-respondent No. 7 in response to the submissions made by Mr. R.K. Sharma, Sr. Additional Advocate General, for the appellant-State.

(2.) The present criminal appeal has come up for consideration after leave to appeal under Section 378 (3) of the 1 Whether reporters of Local Papers may be allowed to see the judgment? Code of Criminal Procedure has been granted in reference to the impugned judgment and order dated 13.09.1999, passed by learned Additional Sessions Judge, Mandi, District Mandi, Himachal Pradesh, in Sessions Trial No. 33 of 1995, acquitting the alleged accused under Sections 147, 148, 149, 323, 324 and 302 of the Indian Penal Code.

(3.) Prosecution case in brief is that PW-1 Churamani, complainant, was in possession of land described in khewat No. 11 of khasra No. 3, measuring 3-19-5 bighas and correction of entries of the books was yet to be made. PW-7 Nokhu Ram (father of PW-1) had instituted an application for correction of entries, which was yet to be decided, however, on 16.09.1994, in the morning Shri Ramji Dass (since deceased) accompanied with Ganeshu Devi (sister of Shri Ramji Dass) and Kahni Devi (sister-in-law of Shri Ramji Dass) had gone to cut grass from the disputed land and at about 1 p.m., on 16.09.1994, PW-5 and Kahni Devi had returned to their house in village Batoli, whereas, Ramji Dass stayed back in the disputed land cutting the grass in absence of PW-5 and his sister-in-law. At about 1:30 p.m., on 16.09.1994, PW-1 Churamani had heard noise emanating from the land in dispute situate across Nullah. On hearing such noise, PW-1 Churamani, PW-2 Devi Ram, PW-4 Vishva Nath, PW-5 Ganeshu and PW-6 Harbans rushed towards the land in dispute and found accused persons quarreling with Ramji Dass. Accused No. 1 Parma Ram and accused No. 2 Maya Ram were armed with sickles, Ex. P-6 and Ex. P-7. Both of them caused one injury each to Ramji Dass with sickle. Another injury with sickle on right side of back had been sustained by Ramji Dass. Consequent upon two injuries sustained by Ramji Dass (deceased) he fell down. Accused persons No. 3 to 7 had caused hurt to Ramji Dass with fist blows.