LAWS(HPH)-2012-3-257

STATE OF HIMACHAL PRADESH Vs. RAM LAL SON OF SHRI JEERU RAM R/O RAMTERI SUB-TEHSIL TIKKAR P.S. ROHRU, DISTRICT SHIMLA, H.P. AND OTHERS

Decided On March 05, 2012
STATE OF HIMACHAL PRADESH Appellant
V/S
Ram Lal Son Of Shri Jeeru Ram R/O Ramteri Sub -Tehsil Tikkar P.S. Rohru, District Shimla, H.P. And Others Respondents

JUDGEMENT

(1.) THE State has challenged the acquittal of the respondents in case No. 22/2/2004/2003 decided on 29.4.2005 by the learned trial Court for the offences punishable under Sections 147, 149, 451, 323, 506 and 427 Indian Penal Code. Respondent No. 1 Ram Lal is stated to have died. The death certificate is on record. The appeal abates against him.

(2.) THE prosecution story, as borne out from the evidence on record can be stated thus. On 5.7.2003 PW1 Mathu Ram was present in his house along with his family members. Around 10 p.m. he was attracted by some commotion. On coming out, he noticed that respondents were armed with dandas hurling abuses on him. On seeing Mathu Ram, respondent Ram Lal caught -hold of him from his neck and slapped him as well as his wife PW2 Smt. Belku. In the meantime, family members of the respondents took them to their respective houses whereas witness Raja Ram took the complainant to his house and thereafter went to Pradhan, Gram Panchayat.

(3.) ON completion of the investigation, challan was presented in the Court for their trial.