LAWS(HPH)-2013-1-13

CHAND RAM Vs. STATE OF HIMACHAL PRADESH

Decided On January 08, 2013
CHAND RAM Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) These four appeals are being disposed of by this judgment as they arise out of the same judgment and order of conviction against all the four accused. The learned trial Court has convicted them to undergo sentence for offences as committed by them as under:- <FRM>JUDGEMENT_1415_CRLJ_2013_1.html</FRM>

(2.) All the sentences were directed to run concurrently and benefit of Section 428 of the Code of Criminal Procedure (hereinafter 'Cr.P.C.') was granted to all the accused.

(3.) The case of the prosecution in brief is that on 24.8.2008 at about 9.15 PM, complainant H.C. Hem Raj PW1 along with HHC Kanshi Ram PW2 was on patrolling duty. They noticed a pickup van with registration No. HP-64-0340 parked on the road side. The complainant went towards the vehicle to see as to why it was parked there. He noticed that accused Hamender and Chand Ram were on the front seat whereas Prem Singh and Neter Singh were sitting in the back portion of the vehicle. The complainant questioned them as to why the vehicle was parked unauthorizedly on the road side. This did not go down well with the accused; they pounced upon him, beat him and pulled him inside the van. Thereafter they drove the van towards Kanda road where they beat him up mercilessly by kicking and punching him. The complainant shouted for help at which PW4 Sant Ram, PW3 Bal Krishan, Liaq Ram, Sher Singh and Ashok Kumar reached the spot and rescued him from the clutches of the accused. His shirt was torn by the accused who threatened to kill him. The complainant sustained injuries on his nose and mouth. His statement Ext.PW1/A under Section 154 of Cr.P.C. was recorded by the police party headed by PW17 Baldev Thakur, Additional SHO. The complainant was referred for medical examination to CHC Dharampur, where he was examined and his X-ray revealed fracture of his nasal bone. PW14 Dr. Amit Aggarwal proved MLC Ext.PW14/B, radiologically examined by PW5 Dr. Sandeep Jain. PW5/A was the X-ray film revealing the fracture of the nasal bone of the complainant, Ext.PW5/B, which is the final opinion of the doctor, records that the nasal bone of the complainant was fractured. FIR No. 107/08 (Ext.PW11/A) was registered at Police Station Dharampur. The vehicle was impounded and investigation followed thereafter.