JAGDISH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court invoking Sec. 482 Cr.PC seeking interim relief not to arrest him being a Proclaimed Offender declared by the trial Court in case FIR No. 27 of 2017, dtd. 15/2/2017 registered in Police Station Theog, District Shimla under Ss. 307, 451, 506 of Indian Penal Code (hereinafter referred as IPC) and Sec. 25 of Arms Act with liberty to join criminal proceedings in the trial Court in accordance with law.

(2.) Status report stands filed. Record was also made available.

(3.) Prosecution case, in brief, is that on 7/2/2017 complainant Bala Nand had submitted a complaint under Sec. 154 Cr.PC in Police Station Theog stating that his younger daughter, after solemnizing her marriage according to her liking two weeks ago, came to parental house along with his son-in-law and after having snacks, they went to his brother 's house situated at some distance and at about 4 PM, his son-in-law, Vipin (brother of his son-in-law) and his daughters Reeta and Meenakshi came back and when they reached near his house, petitioner/accused rushed having gun in his hand and asked Reeta in loud voice to stop with threat to kill her. Whereupon, his daughters, son-in-law and his wife rushed inside the house and when his daughter Reeta was closing the door, petitioner opened fire causing injury in the head of complainant, in back and waist of Reeta and neck and chest of his wife Savitri, and Reeta was seriously inured. On hearing noise of gunshot, complainant 's brother Matha Ram, Prakash and Pradhan Susheela Devi came on spot but by that time petitioner Jagdish Chand fled from spot, after pelting stones on roof of house of complainant with theat that he will kill them all one by one. Injured were taken to hospital for treatment.