STATE OF HIMACHAL PRADESH Vs. DHANI RAM

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 20.01.2001, accused were put to trial. In terms of judgment dated 06.07.2005, passed by the Ld. Additional Sessions Judge, Fast Track Court, Shimla, H.P. in S. Trial No. 30 -S/7 of 2003/2001, titled as State Vs. Dhani Ram and Others, accused persons stand acquitted of the charged offences.

(2.) IT is the case of prosecution that on 20.1.2001 at about 9:25 P.M., Smt. Santosh Kumari (PW -3) telephonically informed Police Post, Jatog that her father -in -law Geeta Ram and brother -in -law Ram Lal (PW -16) were assaulted by Dhani Ram and his two sons Ram Swaroop and Harish Chander. Geeta Ram and Ram Lal are badly injured and bleeding profusely. Constable Shanta Devi (PW -12) made entries in the Rojnamcha Ex.PW12/A. She also made entry in the Rojnamcha Ex.PW12/B to the effect that H.C. Anil Kumar No. 537 and Constable Hans Raj N.869 were deputed to proceed to the spot for necessary action. H.C. Rajinder Singh (PW -13) recorded statement of Geeta Ram under Section 154 Cr.P.C. (Ex.PW13/B) and sent Rukka for registration of the case and FIR No. 13/2001 dated 21.1.2001 (Ex.PW13/B) was registered at Police Station, West, Shimla under Sections 307, 323, 325, 506, 201, 120 -B read with Section 34 IPC. ASI Iqbal Mohammad (PW -17) reached the spot and took the injured to Deen Dyal Upadhayaya (popularly known as Rippon) Hospital, Shimla for medical treatment. Here they were examined by Dr. R.N. Shashni (PW -1). Since injuries sustained by Ram Lal were grievous, he was referred to the Post Graduate Institute Hospital at Chandigarh and Geeta Ram was referred to IGMC hospital at Shimla. Geeta Ram was examined by Dr. O.S Randhawa (PW -15) at IGMC, Shimla. Ram Lal after his treatment from PGI Hospital, Chandigarh returned back on 23.1.2001 and admitted in the Rippon hospital at Shimla from where he was discharged on 31.1.2001. As per medical records (Ex.PW1/A and Ex.PW4/A) pertaining to Geeta Ram, as also the medical record pertaining to Ram Lal(Ex.PW1/B), injuries sustained, were both simple and grievous. The matter was investigated by H.C. Rajinder Singh (PW -13), ASI Iqbal Mohammad (PW -17) and Inspector Keshav Ram (PW -18). PW -18 got the spot photographed, recovered Danda from the custody of accused Ram Swaroop. Clothes belonging to the accused and the injured were also recovered. Report of the Forensic Science Laboratory was also obtained. Blood stained earth and stones were also collected from the spot. During investigation, statement of Geeta Ram revealed that on 20.1.2001, he and Ram Lal had gone to attend a Court hearing at Shimla. On their way back, at about 3:30 P.M. they took tea in the shop of Sh. Om Parkash at Shamlaghat. Thereafter, they proceeded on foot towards their village, Diyasari. After covering a distance of about 200 meters, they met Ram Swaroop (accused No. 2) and Harish Chander (accused No. 3) and told them that their goats/sheep were destroying the grass of Ghasni belonging to Geeta Ram. Immediately thereafter Dhani Ram (accused No. 1) came with a Danda and all the three accused assaulted them as a result of which, both Geeta Ram and Ram Lal sustained grievous injuries and their clothes were torn. They cried for help and Bala Ram (not examined), Rameshwar (not examined) and Om Parkash (PW -5) reached at the spot and rescued them. The accused assaulted them with an intention of killing them. While leaving they threatened the injured of doing away with their lives. Accused were arrested on 21.1.2001 and Dandas were recovered on 28.1.2001 on the basis of disclosure statement. Statement (Ex.D -A) of injured Ram Lal was recorded by the police on 22.2.2001. With the completion of investigation, Challan was presented in the Court for trial.

(3.) IN order to establish its case, in all prosecution examined 18 witnesses and statements of the accused under Section 313 Cr.P.C. were also recorded. In defense accused examined two witnesses.