LEKH RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal by the Appellants Lekh Ram, Ravinder Kumar, Asha Ram, Shanti Devi and Satya Devi is directed against their conviction recorded by the learned Additional Sessions Judge, Solan in Sessions Trial No. 4-S/7 of 2000 by his judgment dated March 27, 2001 for offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code. Each of the accused have been sentenced as follows :

(2.) Ashwani Sood had settled at 'Shiv Shankar Garh", a small hamlet in Tehsil Kandaghat of District Solan. He was living alongwith his wife Pushpa Devi and son Anoop Kumar. His two daughters were married. Ashwani Kumar constantly being harassed by a section of villagers. He had launched various criminal proceedings against some of the inhabitants of the village including the accused. Civil litigation between the accused and deceased Ashwani Kumar was also pending in the Courts. Ashwani Kumar on the morning of February 23, 2000 left for Kandaghat to get a stay order from the Court as the accused were forcibly taking road from his land. On his return from Kandaghat, at about 6.30 p.m., he was way laid by the accused and given beatings. The accused were armed with weapons.

(3.) Shamsher Singh, Station House Officer, Police Station Kandaghat (PW 25) alongwith other Police Officers reached village Shiv Shankar Garh. In the meanwhile, A.S.I. Shyam Chand, Police Post Seri also reached the spot. Statement of complainant Anoop Kumar son of deceased Ashwani Sood under Section 154 of the Code of Criminal Procedure (Exhibit PW1/A) was recorded by Inspector Shamsher Singh.