ANIL THAKUR Vs. ASHISH KUMAR

JUDGEMENT

(1.) This judgment shall dispose of these two appeals arising out of common judgment of the learned Additional Sessions Judge, Solan District Solan dated January 3, 2001 whereby appellant Ashish Kanwar (A2), Rubi Thakur (A3) and Anil Thakur (A4) were convicted under Sections 326; 324, 353, 332, 307, 506, 147, 149 read with Section 34 of the Penal Code and sentenced as follows Section 147 IPC Simple imprisonment for two years. Section 326 IPC Simple imprisonment for seven years and fine of rupees 10,000/- each. Section 324 IPC Simple imprisonment for three years. Section 353 IPC Simple imprisonment for two years. Section 332 IPC Simple imprisonment for three years. Section 307 IPC Simple imprisonment for seven years and fine of rupees 10,000/- each. In case of default in the payment of fine, to undergo simple imprisonment for one year. Section 506 IPC Simple imprisonment for two years.

(2.) All the sentences imposed on the accused for various offences have been directed to run concurrently. Aggrieved, the appellants A2 and A4 are in these appeals. Prosecution case

(3.) Feroz Khan (PW1) runs a shop named and styled as Soni Sweet House. His younger brother Kashif Khan (PW11) also works with him in this shop. On May 2, 1998, four persons (not named by Feroz Khan) came, in his absence, to his shop at 12.00 noon. All of them misbehaved with his younger brother Kashif Khan and used abusive language. He was informed of the incident when he came to the shop. His younger brother identified only one of those persons, namely, Anil Kohli alias Anil Thakur (A4). Feroz Khan then went to the shop of Rajeev Kanwar (Al), a friend of Anil Thakur, and narrated the incident to him. He requested Rajeev Kanwar to stop his friend from repeating the incident but Rajeev Kanwar warned him not to interfere in the affairs of Anil Thakur. At about 6.15 in the evening, Feroz Khan received a telephone call from some person, at PCO near his shop and was informed that Rajeev Kanwar (Al), his brother Ashish Kanwar and other friends have gathered near his shop to give him beatings. He informed the Police on telephone. At about 8.30 p.m., a Police Party consisting of two Head Constables, namely, Jatinder and Ram Nath and two Constables Jeet Singh and Sohan Lal came to his shop. Feroz Khan informed the Police Party that the accused have gathered at village Kaleen to beat him. On this, Feroz Khan, accompanied by Constable Jeet Singh started towards village Kaleen. Other members of the Police also started to Kaleen from different road. When Feroz Khan and Jeet Singh were near the tunnel, accused Rajeev Kanwar (Al), Ashish Kanwar (A2), Rubi Thakur (A3), Anil Thakur (A4) and Shankar Thapa (AS) caught hold of Feroz Khan. Anil Thakur attacked him with an iron rod and other accused also gave him beatings. He was inflicted injuries with knife by A2 on his head as also on the left finger of his hand and left ear. Constable Jeet Singh (PW9) tried to save him but he too was injured with the knife by Ashish Kanwar (A2). Feroz Khan profusely bled and fell down. Constable Jeet Singh raised alarm. In the meanwhile, other two Police officials also reached the spot. Accused fled away. Feroz Khan was taken to the District Hospital, Solan. He was medically examined by Dr. A.K. Arora (PW4), Medical Officer, District Hospital, Solan. The Doctor found following injuries on the person of Feroz Khan: