PREM BAHADUR Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15.2.2003, passed by the learned Sessions Judge, Solan, whereby the accused/appellants Prem Bahadur, Ram Lai and Hem Bahadur (hereafter respectively referred to as A -1, A -2 and A -3) have been convicted under Sections 452 and 325 read with Section 34 IPC and each of them has been sentenced to undergo rigorous imprisonment for three years and fine of Rs.2000/ - and in default of payment of fine, to undergo imprisonment for six months under Section 452 IPC and to rigorous imprisonment for three years and fine of Rs.2000/ - and in default of payment of fine, to suffer further imprisonment for six months under Section 325 IPC.

(2.) Case of the prosecution against the accused persons is that Prem Bahadur (PW -1) and his wife Pushda Devi (PW -2) are Nepalis and were daily wagers in Public Works Department at Kandaghat. At the relevant time, they alongwith their daughter used to reside in the rented premises at Kandaghat. His neighbours Gopal Bahadur (PW -5) and A -3 were residing in the neaf by premises. On 15.11.2001, it was Diwali, therefore, PW -1 had not gone to attend his duties. During day time a quarrel took place between the wife of PW -5 and wife of A -3 regarding an electric wire. The quarrel between them again started at 11.00 p.m. PW -1 went to advise them not to quarrel. However, the accused persons got and returned to his house. The accused persons, however, followed him and started beating PW -1 with danda, inside his room. In the meanwhile, PW -2 who had earlier gone outside also came there and on seeing her, the accused persons bolted away. Because of the beatings, PW -1 sustained injuries on his head, fore head and nose. The occurrence was reported by PW -1 to the police while accompanied by PW -2 and FIR Ex. PA under Sections 452, 323, 34 IPC was recorded at Police Station, Kandaghat. PW -1 was got medically examined and vide MLC Ex.PL, he was found to have sustained four injuries, out of which one was fracture of nasal bone and occipital bone of the seulp. This injury was grievous and dangerous to life. Section 307 and 325 IPC were, thus, added to the crime. The photographs of the spot Exs.P -4 to P -6 were taken and the negatives thereof are Ex.P -7. Danda, Ex.P -1 and blood stained Sort/, Ex.P -2 from within the residential premises of PW -1 were taken in possession vide memo Ex. PB in the presence of Satish Kumar (PW - 3) and one Suchitra Attri. A blood stained shirt Ex.P -3 of PW -1, on production by PW -2, was also taken in possession vide memo Ex. in the presence of Bhupender Singh (PW -7) and constable Krishari Dutt. Danda, Ex.P -1, Boru, Ex.P -2 and shirt Ex.P -3 were sent for chemical examination to the Forensic Science Laboratory, Shimla. The report received from the sard Laboratory is Ex. PK, according to which human blood of group whereof could not be ascertained was found on danda, Ex.P -1. On completion of the investigation, the concerned SHO submitted the charge sheet to the concerned Court.

(3.) The accused persons were tried by the learned Sessions Judge, Solan, on three separate charges framed against each of them under Sections 452 and 307 read with Section 34 I PC. To prove the charges against the accuse persons, prosecution examine nine witnesses in all and tendered in evidence the report of the chemical examiner. Statements of the accused persons were recorded under Section 313 Cr. P.C. wherein they denied the case of the prosecution and claimed to be innocent. On the basis of the evidence on record, the learned Sessions Judge held the accused persons guilty of the commission of offences under sections 452 and 325 read with Section 34 I PC and accordingly convicted and sentenced them as aforesaid. Hence this appeal by the accused persons.