STATE OF H.P. Vs. MAHENDER PAL

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment dated 30.03.2001, passed by the learned Sessions Judge, Kullu, District Kullu, H.P. in sessions Trial No. 22/99, acquitting the Respondents -accused for the offence under Section 323, 326, 307, 506 read with Section 147 of the Indian Penal Code.

(2.) PROSECUTION case is that on 11.01.1999 Chande Ram (P.W. 6), complainant alongwith his grandson, Narender Pal (P.W. 8), after visiting Manali came to Nehru Kund, Manali by vehicle and thereafter crossed the bridge on foot. After crossing the bridge, he was attacked by accused persons, namely, Mahender Pal and Chet Ram with iron rods whereas other accused persons gave fist, kick blows and also knife blow. P.W. 6 (Chande Ram) was brought to the hospital at Manali in an injured condition by his daughter, Nanki (P.W. 7) and Dhiru, where his statement was recorded as Ex. P.W. 6/A and in that reference FIR, Ex. P.W. 5/B, was registered. After investigation, the accused persons were charged for the aforesaid offences.

(3.) THE FIR, Ex. PW -5/A, is extracted below: Stated that I am resident of above address. Today on 11.1.99 I had come to Manali bazar due to personal work. At about 4.30/5.00 PM I was going to my house in own vehicle No. HP -02 -4433 in which in addition to Narender Pal others were sitting. I got out of the vehicle near Nehru Kund, at a place near bridge alongwith grandson, Dhiru and one more person. As soon I crossed the bridge on the road beyond the koisk of Ruldu Ram suddenly appeared 5 -6 persons. Mahender Pal son of Rewat Ram, Chet Ram son of Chande Ram, Krishan Gopal S/o NiratRam and Nand Lal S/o amar Chand were also amongst them. They suddenly appeared on the road, stopped and started beating me. Mahender Pal and Chet Ram were having iron rods with which they gave beating on my body and head and remaining ggave fist and kick blows. Mahender Pal openly threatened to kill me there and then. When they saw blood oozing out from my body, they fled away. Sd/ - (Chande Ram)