BELI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution read with Sections 482/397 of the Code of Criminal Procedure has been filed on behalf of five petitioners all of whom are presently facing their trial on charges under Section 302/34, I. P. C. in Sessions Trial No. 22 of 1980 pending against them in the Court of Sessions Judge, Mandi. The prayer made in this petition is for quashing of the charges and the trial aforesaid.

(2.) THE facts necessary for a proper appreciation of the contentions raised in this petition may in the first instance be noted in brief. Shri Daya Nand, petitioner No. 2, was posted as Head Constable in charge Police Post Pangna, Police Station Karsog when on 14-6-1980 one Jawahar lodged a report at that police post to the effect that a theft had been committed in his house situate in village Bagi. Accompanied by two constables Rattan Singh petitioner No. 3 and another named Dameshwar Ram, Head Constable Daya Nand reached village Bagi in the evening of 15-6-1980 at about 6 p. m. in connection with the investigation of the report lodged by Jawahar.

(3.) NOW Sudama Ram (deceased) had been named as suspect in the report lodged by Jawahar at police post Pangna. This Sudama Ram was employed by one Lala Ram, Forest Ranger, Tor his orchard in village Bagi. Sarvshri Prakash Chand and Satya Nand were also employed for the same orchard by the aforesaid Lala Ram and all the three of them used to work in that orchard. On reaching village Bagi in the evening of 15-6-1980, Head Constable Daya Nand called Sudama Ram to the house of Jawahar and after interrogating him for some time he sent him back. Sudama Ram accompanied by Satya Nand and Shri Behari Lal son of Lala Ram returned to the house of Lala Ram where Behari Lal slept in the upper storey of the house while Satya Nand and Sudama Ram slept in the lower storey. At about 11. 30 p. m. when these persons wete fast asleep, there was a knock at the door on which Sudama Ram deceased opened the door. Head constable Daya Nand, petitioner No. 2, and Rattan Singh, petitioner No. 3 along with other three petitioners and Sarvshri Jawahar ana Dhari were found standing outside the door of the house of Lala, Ram and all of them entered into the house when the door was opened by Sudama Ram. Head constable Daya Nand and constable Ratlan Singh again started interrogating Sudama Ram and in the course thereof all the five petitioners started beating Sudam Ram with Dandas which they were carrying with them. The other two persons Jawahar and Dhari however, kept standing without taking any. part in the occurrence. The five petitioners continued beating Sudama Ram till about 2. 30 a. m. when Sudama Ram succumbed to his in juries. After the death of Sudama Ram constable Rattan and two other petitioners slept in the same room by the side of the dead body of Sudama Ram while the other petitioners accompanied by Jawahar and Dhari went to the house of Jawahar.