CHAMARU RAM Vs. NANT RAM AND ORS.

JUDGEMENT

(1.) THIS is an application under Section 378 Code of Criminal Procedure for grant of leave to file appeal against judgment dated 31.3.2011 passed by learned Sub Divisional Judicial Magistrate, Chachiot at Gohar, Distt. Mandi.

(2.) THE Petitioner had filed complaint under Sections 500, 323, 147, 148, 149, 504 and 506 IPC against Respondents No. 1 to 7 on the allegations that Respondents No. 6 and 7 are brother and nephew of complainant respectively. The complainant is a 'Gur' of Goddess Shangan, Respondent No. 6 is also claiming right of Gurship of the Goddess. The Respondents No. 6 and 7 are inimical towards the complainant and his family members, as the complainant does not acknowledge the claim of Respondent No. 6. The sister of Respondents No. 1 and 2 was married to Respondent No. 7, she died of some illness despite treatment. The Respondents had been leveling false imputations against complainant blaming him for the death of wife of Respondent No. 7 by invoking the Super Power of Deity Dharagsa situated at Village Gansehar in presence of general public.

(3.) IT is also the case of the complainant that on 20.8.2005 when the complainant etc. were returning from the house of the daughter of the complainant, Respondents No. 1 to 7 formed an unlawful assembly, holding dandas and Kudali in their hands, alarmed the complainant and his family members, imputed allegations that complainant was responsible for the death of sister of Respondents No. 1 to 5 by invoking the Super Power of Deity Dharaksa. The Respondents No. 1 to 7 gave merciless beatings to the complainant and his family members with dandas and kudali and also gave leg and fist blows. The Respondents No. 1 to 7 also threw stones upon the complainant party, as a result of which complainant and his family members got injured. The complainant etc. were saved by the intervention of Inder. The Respondents No. 1 to 7 threatened the complainant party with dire consequences and they would do away with lives of the complainant etc. At that time, filthy abuses were also hurled at the complainant etc.