HARI CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.5.1997 passed by the learned Additional Sessions Judge, Kullu, whereby the accused-appellants (hereafter referred to as 'the accused persons') have been convicted and sentenced as under:-

(2.) Case of the prosecution briefly stated is that Dugra Singh (PW 5) on 12.6.1993 lodged the FIR Ext. PW-5/A alleging therein that he is resident of village Kamsari. His maternal grandfather had given some land to his mother Khel Dassi (PW-8) in village Saroh adjacent to the land of Govind Ram who also inherited that land from his maternal grandfather. Said Govind Ram sold the land to accused Hari Chand 8-10 years before the lodging of the FIR. Accused Pingla wife of accused Hari Chand had stacked stones extracted from the land purchased by her husband from said Govind Ram on the adjoining land of PW-8. The matter was reported to Bodh Raj, Panch of the Gram Panchayat, who advised PW-5 to verify the position regarding the land from the revenue records and also assured that he would discuss the matter with accused Hari Chand. On 12.5.1993 at about 6 a. m. , PW-5, PW-8 alongwith Kamla Devi and Bimla Devi (PW-10) took cow-dung to the land belonging to PW-8. As soon as they kept their Kiltas in which they were carrying the cow-dung on the land, the accused persons armed with sticks entered into the land and proclaimed that it belonged to them and the complainant party had no right, title and interest thereon and thus prevented Durga Singh etc. from doing their work on the said land. The accused persons gave blows with the sticks, which they were carrying to PW-5, PW-8 and PW-10 who raised hue and cry on hearing which brothers of PW-5, namely, Amar Chand (PW-6), Room Singh (PW-7), Dhani Ram (PW-11) and Kehar Singh came on the spot for their rescue. However, they were also assaulted by the accused persons with sticks and stones. Because of the beatings by the accused persons, PW-6 fell unconscious and PW-7 also sustained injuries on his person including injury to his right arm. PW-5 sustained injuries on his head whereas PW-8 sustained injury on her left hand. Gopal Krishan (PW-9) also sustained injuries on his head. After causing the aforesaid injuries, the accused persons threatened the injured that in case they enter the land in future they would be done to death and thereafter left the place. The occurrence is stated to have been witnessed by Chaman Lal (PW-20) and Ravinder Awasthi (PW-21). It is also claimed that the accused persons formed unlawful assembly to achieve their common object. The injured PW-6 and PW-7 in unconscious condition and PW 8 and PW-9 were removed to the hospital by PW-5 for treatment. After registration of the case on the basis of the information given by PW-5, the investigation was carried out by ASI Balwant Singh (PW-25) who proceeded to the spot and took four blood stained stones in possession vide Memo. Ext. PW-25/A, one Rakavi Charbi Ext. P-14 and two dandas Ext. P-1 and P-5 were also taken in possession from the spot vide Memo. Ext. PW-3/A. Three dandas, one produced by accused Hari Chand and two produced by accused Hukam Chand were also taken in possession vide Memo. Ext. PW-14/A. The injured were got medically examined. Dr. Bharat Bhushan (PW-1) medically examined PW-6, PW-7 and PW-8. On such examination issued MLCs Exts. PW-1/A, PW-1/B and PW-1/C, respectively, thereby opining that one of the injuries sustained by Amar Chand was grievous and another was simple and had been caused with blunt weapon within 24 hours of the medical examination. About PW-7 it was opined that the injuries sustained by him were simple and were caused with blunt weapon within 24 hours of his medical examination. Out of the three injuries found on the person of PW-8 two were found simple and one grievous and were opined to have been caused with blunt weapon within 24 hours of the medical examination. PW-10 and PW-11 were medically examined by Dr. Ramesh Lal (PW 16) and the MLCs Exts. PW-16/B and PW-16/E, respectively, were issued by him thereby opining that three injuries sustained by PW-11 were simple and had been caused with blunt weapon and have the duration of 24 hours at the time of medical examination. Five injuries sustained by PW-10 were found simple having been caused with blunt weapon having duration of 24 hours at the time of her medical examination. PW-5 and PW 9 were medically examined by Dr. S. K. Sharma and the MLCs, respectively, PW-24/A and PW-24/B issued by him were proved by Dr. Chetan Sharma (PW-24). As per the MLCs, the injuries sustained by PW-5 were found to be simple caused with blunt weapon within 24 hours of his medical examination and single injury sustained by PW-9 was simple having been caused with a blunt weapon within 24 hours of his medical examination. The blood stained apparels of PW-6, PW-7, PW-9 and PW 11 were produced to the police by PW-5 and were taken in possession vide Memo. Ext. PW-5/B. The land given to PW 8 by her father was got demarcated. Copies of the Musabi Ext. PW-15/E, copies of Jamabandis Exts. PW-15/C and PW15/D of the land given to PW-8 by her father were obtained and the land was got demarcated. The demarcation report and the Naksha Nishandehi are Exts. PW-15/A and PW-15/B. On completion of the investigation, the Officer Incharge of Police Station, Manali submitted a charge-sheet against the accused persons who came to be tried by the learned Additional Sessions Judge, Kullu on a charge under Sections 147, 148, 323 read with Sections 149, 325 read with Section 149, 307 read with Section 149 and 506 read with Section 149, IPC.

(3.) To prove the charge against the accused persons, prosecution examined as many as 26 witnesses. The accused persons were examined under Section 313, Cr. P. C. , wherein they denied the prosecution case and claimed to be innocent. It was also claimed that they have been falsely implicated in the case at the instance of PW-5 and his family members who are inimical towards the family of the accused persons. The accused persons in their defence tendered a copy of judgment Ext. DA and also relied on Rapt Rojnamcha Ext. DX.