CHAMAN LAL Vs. MADAN LAL AND ANOTHER

JUDGEMENT

(1.) ALL the four revision petitions are being disposed of by a common judgment, as they arise out of the very same judgment and common questions of fact and law are involved. Assailing the judgment dated 31.10.2011, passed by learned Additional Sessions Judge, Fast Track Court, Una, in Criminal Appeal No. 7 -X -2011, titled as Madan Lal versus State of Himachal Pradesh and other connected matters, whereby judgment dated 9.2.2011, passed by learned Chief Judicial Magistrate Una, in Case No. 27 -II -2008, titled as State of Himachal Pradesh versus Varinder Singh and others, has been reversed, complainant Shri Chaman Lal has filed the present Revision Petitions under the provisions of Sections 397 read with Section 401 of the Code of Criminal Procedure, 1973.

(2.) COMPLAINANT Shri Chaman Lal (PW -2) made statement (Ex.PW -2/A) under the provisions of Section 154 of the Code of Criminal Procedure, 1973, on the basis of which FIR No. 111/07, dated 19.12.2007, under Sections 341, 323, 34 of the Indian Penal Code, 1860 was registered at Police Station Bangana. As per the complainant, one lady was standing in the queue for casting her vote to the H.P. Legislative Assembly Elections at Polling Booth, Government School Jasana. The Polling Officer enquired about her particulars. Complainant Shri Chaman Lal, who was present at the spot, asked the Polling Officer to enquire about the name of the lady's husband. After some time, the lady ran away from the spot. However, accused Madan Lal (respondent No. 1 in Cr.R. No. 119 of 2012) and Suram Singh (respondent No. 1 in Cr.R. No. 120 of 2012) gave beatings to complainant Chaman Lal, as a result of which he sustained injuries. Thereafter, both these accused persons alongwith their co -accused Manjit Singh (respondent No. 1 in Cr.R. No. 121 of 2012) and Varinder Singh (respondent No. 1 in Cr.R. No. 122 of 2012) threatened the complainant with dire consequences. Matter was investigated by the police. Complainant Shri Chaman Lal was given medical treatment. He was referred to and treated at the Regional Hospital, Una and subsequently at the PGI, Chandigarh. With the completion of investigation, Challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as seven witnesses. Statements of the accused under Section 313 of the Code of Criminal Procedure were also recorded.