STATE OF HIMACHAL PRADESH Vs. HANS RAJ

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 25.9.2002, accused were put to trial. In terms of judgment dated 25.8.2004 passed by learned Addl. Sessions Judge, (Presiding Officer, Fast Track Court), Solan, in Case No. 45 FT/7 of 2004/2003 titled as State of H.P. vs. Hans Raj & Ors. accused stands acquitted of the charged offences.

(2.) IT is the case of prosecution that on 25.9.2002 someone telephonically informed the police at Police Post Kunihar that fight between Hans Raj (accused No. 1), Desh Raj (accused No. 2), Dev Raj (accused No. 3) (one group) and Chaman Lal (PW -11) and Karam Chand (PW -12) (another group) was taking place in the bazaar at Kunihar which may result into blood shed. Sh. Hari Ram (PW -8), attended the call and made entries in the roznamcha (Ext.PW -8/A) at 8.15 a.m. Inspector Geeta Ram was deputed to visit the spot. There at 11.00 a.m. he recorded statement (Ext.PW - 10/A) of Reeta Devi (PW -10) under Section 154 Cr.P.C. He sent the same to the Police Station, Arki where F.I.R No. 96/2002(Ex.PW -14/A) dated 25.9.2002 was registered under Sections 307, 323, 147, 148, 149 and 506 of I.P.C. Matter was further investigated by HC Rajinder Singh (PW - 15) and ASI Sohan Singh (PW -16). Investigation revealed that accused Dev Raj had given blows with a knife (Ext. P -2) to S/Sh. Chaman Lal (PW -11) and Karam Chand (PW -12) in the presence of Reeta Devi (PW -10), S/Sh. Tejender Singh (PW -1) and Sanjay Kumar (PW -2). Injured were taken to the local hospital at Kunihar and were referred to the IGMC hospital at Shimla. Smt. Reeta Devi, did not go to Shimla but came to the shop from the hospital at Kunihar. She was accompanied by her father -in -law Sh. Het Ram (PW -4). On the way, they met accused Dev Raj, Desh Raj and Hans Raj being taken by the police in a gipsy. At that time Brahm Prakash (accused No. 4) came and handed over darat (Sketch Ex. PW -1/D) to accused Desh Raj who in turn gave blows with the same, first to Het Ram (PW -4) on his neck, Sanjay Kumar (PW -2) and finally to one Ashleem Mohd. Three persons were also taken to the hospital at Kunihar where also some of them were referred to IGMC hospital Shimla. During investigation, accused handed over knife to the police. Accused Desh Raj made a disclosure statement (Ext.PW -3/A) in the presence of C. Rakesh Kumar (PW -3) and independent witness Nigju Ram, which led to recovery of darat. Blood stained clothes of accused were also recovered by the police and sent for chemical analysis. During investigation police recorded statements of witnesses. Dr. R.G. Negi (PW -5) medically examined Chaman Lal (PW -11). Dr. Sangram Pathania (PW -7) medically examined injured S/Sh. Sanjay Kumar (PW -2), Het Ram (PW -4), Karam Chand (PW -12) and also Chaman Lal (PW -11). He also examined injured Ashleem Mohd. Dr. Bhavesh Devkaran (PW -13) examined some of the injured persons. Medical record including MLCs of all the injured persons were taken on record by the police. With the completion of investigation challan was presented in the Court for trial.

(3.) IN order to establish its case prosecution examined as many as 16 witnesses and statements of the accused under Section 313 Cr.PC were also recorded, in which accused Hans Raj, accused Desh Raj and accused Dev Raj took the following common defence: - The complainant alongwith their relatives came with sharp edged weapon and attacked us and put police jeep on fire as a result of which jeep was damaged and I sustained burn injuries and they also inflicted incised wound on us. A case against them is pending for trial before ACJM Arki u/s 147, 148, 149, 325, 341, 435 IPC. When the police intervened these persons ran away and in the melee sustained injuries.