SAHIL @ CHHOTU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been filed for the grant following relief:-

(2.) Brief facts necessary for adjudication of the petition are that on 14/4/2017, FIR No. 54/2017, was registered at Police Station Jawali, District Kangra, H.P., under Ss. 307, 325, 323,147,148,149 and 506 of the IPC. The source for registration of case was a statement made by respondent No. 2 herein under Sec. 154 of Cr.P.C, alleging inter alia that at about 5:30 in the evening on 14/4/2017, complainant alongwith his friends Abhinandan (respondent No. 3), Rajat, Shubham Dhiman and Sanjeev Jassal visited "Baishakhi Fair " at Dehar Khad. About a week prior to said date, Sahil @ Chottu ( petitioner No.1) had threatened to kill the complainant in case he dared to face him. When the complainant and his friends were enjoying snacks, respondent No. 1 alongwith Rikki, Shanu @ Dela, Hanu and Mitthu driver came together and slapped complainant. He was also pushed and floored on the ground. They were having sticks in their hands and all of them started beating him. Respondent No. 3 tried to intervene but he was also beaten. All other friends could rescue the complainant with difficulty. Many people gathered on the spot. Complainant suffered injuries on left leg, chest and head. Similarly, respondent No. 3 suffered injuries on his left ear. Thereafter, the assailants fled towards rivulet and while leaving the spot again issued threats of life to the complainant.

(3.) After registration of case, investigation was carried out. The challan was filed against the petitioners. The injury on the head of the complainant was opined by the Medical Officer to be dangerous to life and injury on the ear of respondent No.3 was opined as grievous, therefore, challan was filed for offence including Ss. 307 and 325 of IPC. As per contents of the challan, petitioners had used dangerous weapons like sticks, steel grips and chopper etc.