STATE OF HIMACHAL PRADESH Vs. JAMNA DASS

JUDGEMENT

(1.) This is an appeal filed by State of Himachal Pradesh under Section 378 of the Cr.P.C. against the judgment, dated 30.11.2002, passed by learned Additional Sessions Judge, Shimla, H.P., vide which the respondents were acquitted of the charge framed against them under Sections 302, 147, 148, 149 and 342 of the IPC.

(2.) Briefly stated, the facts of the case are that on 3.2.1997, at 2.30 p.m., a statement of one Ram Rattan under Section 154 Cr.P.C. was recorded in which it was alleged by the complainant that a road passes through their village, which also passes through their land. The Government has not paid any compensation to them and they have taken a stay order and the construction work of the road was stopped by the HPPWD. It was further alleged that yesterday i.e. on 2.2.1997, the residents of nearby villages gathered there to start the construction work of the road and they started constructing the road since morning. At 4.00 p.m., they reached their land while raising construction and his father and brothers Bala Ram, Ram Lal, Sita Ram, Hari Ram, Gopal, Shankar Lal etc. went to the spot and Up Pradhan Ram Chand, Pradhan Asha and others (named by him) prevented these persons from working since a stay order had been taken by the complainant. On this, Jia Lal, Jagdish, Hira Nand, Nand Lal, Jamuna Dass etc. (five persons named by him) started pelting stones upon them. To save themselves, they ran towards their houses and these persons continued hurling stones on them. His father being an old man could not run and he suffered stone blows on his face and blood started oozing out. His brother Sita Ram came back and took his father inside the house and those persons gheraoed (encircled) their house and, therefore, they could not inform the police and take their father for treatment. In the morning they took their father to Shimla, but he died. The police officer had received information at Police Station, Boileaguanj about the quarrel and the death of one person. Thereafter, the police went there and recorded the statement of the complainant.

(3.) On this report, a case was registered and after investigation, the challan was filed before the learned Judicial Magistrate, Shimla, who committed the case to the learned Sessions Judge. The learned Sessions Judge assigned the case to the learned trial Court, who tried the respondents under the aforementioned Sections, leading to their acquittal.