PARAS RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant Cr. Revision petition filed under S.397 read with S.401 CrPC, lays challenge to judgment dated 14.10.2012 passed by learned Sessions Judge in Cr. Appeal No. 10/2009 (RBT No. 94-2012) affirming judgment/order of conviction and sentence dated 28.3.2009 by learned Judicial Magistrate 1st Class, Manali, District Kullu, Himachal Pradesh passed in Cr. Case No. 424-1/07-36-II/2008, whereby learned trial Court, while holding petitioners/accused (hereinafter, 'accused') guilty of having committed offences punishable under Ss. 148, 323, 325, 452 and 506 r/w S.149 IPC convicted and sentenced them as under:

(2.) Precisely, the case of the prosecution, as emerges from the record is that on 23.9.2007, complainant Jindu Ram, PW-1, filed complaint, Ext. PW-1/A, alleging therein that on 23.9.2007, at about 9.30 am, while he was getting ready to go to school, he after having heard noise in the courtyard of his house, came to the door of his room and saw that the accused namely Rewat Ram, Neerat Ram, Kunj Lal, Ram Chand, paras Ram, Bati Devi, Bholi Devi, Gyan Chand and Joginder, were standing in the courtyard carrying dandas and sickles in their hands, whereas, accused Neerat Ram, Kunj Lal, and Ram Chadn were carrying darat in their hands and other accused were also carrying some weapons. Complainant alleged that when he was present on the door of house, all the accused firstly extended threats and thereafter, forcibly came to door of room and threw him in the courtyard. Complainant alleged that firstly accused persons gave beatings to him with kicks and blows but, thereafter, they tried to attack him with sickle, however, he warded off the attack by getting himself back. When complainant was being attacked by the accused named herein above, son of complainant namely Khayali Ram reached the spot and accused persons also gave beatings to him with kicks and fist blows. Complainant also alleged that accused Neerat Ram, Kunj Lal, Ram Chand and Joginder while carrying dandas and sickles in their hands ran behind them and on account of beatings given by aforesaid persons, they suffered injuries on their heads, faces as well as other internal organs of their persons.

(3.) Prior to filing of complainant, Ext. PW-1/A, complainant had filed an application against accused persons at Patlikuhal but since no action was taken, on 23.9.2007, he presented the application/complainant Ext. PW-1/A to In charge Police Station Manali., on the basis of which FIR Ext. PW-6/A came to be registered against the accused persons. After completion of investigation, police presented Challan in the competent Court of law.