SHASHI PAL Vs. STATE OF H.P.

JUDGEMENT

(1.) Both these petitions were heard and are being decided together as these arise out of the same 'FIR' and involve common questions of facts and law.

(2.) A case under Ss. 302, 341, 323, 147, 149, 504, 506 and 201 of the IPC has been registered at Police Station Kot-Kehloor, District Bilaspur, H.P vide FIR No. 105 of 2022 dtd. 21/11/2022. The foundation for registration of above FIR was a statement under Sec. 154 Cr.P.C., of one Shri Daya Ram (now deceased). It was alleged that on 21/11/2022 at about 9.30 P.M. complainant was present in his house and had received a phone call from Subhash Chand informing that Keshav Dutt (petitioner in Cr.MP(M) 831 of 2023) and Ram Kumar alias Manu were inflicting blows upon Naresh Kumar (son of complainant) with sticks. The complainant with his other son Dinesh Kumar proceeded towards the house of Subhash Chand and when they reached near cow shed of Joginder Pal, they were waylaid by Joginder Pal and his two sons Shashi Pal, Keshav Dutt (petitioners), nephew Ram Kumar alias Manu, wife Ramana Devi and his daughter-in-law. He further complained that Joginder Pal and his nephew Ram Kumar alias Manu inflicted blows on left leg of complainant with sticks. Petitioners, wife and daughter-in-law of Joginder Pal gave beatings to Dinesh Kumar. They were saved by intervention of Subhash Chand and his son Monu. In the result, complainant had received injuries on his left leg and his son Dinesh Kumar had received injuries on head. Both of them went to Civil Hospital Ghawandal for treatment and found Naresh Kumar, the other son of complainant already under treatment there. Statement of Daya Ram was recorded on 22/11/2022.

(3.) In the evening on 22/11/2022, the police received the information that Daya Ram had died at Regional Hospital Una. His postmortem was conducted. The investigation is stated to be almost complete. The opinion regarding the cause of death of Daya Ram has been kept pending till receipt of report from 'RFSL' and Histopathology laboratory.