GAGAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) SINCE all these appeals filed against the same judgment and sentence passed by learned trial Court hence all appeals are consolidated and are disposed of by same judgment in order to avoid conflicting judgments.

(2.) BRIEF facts of the case are that on dated 4.6.2007 at about 11.30 PM at place Balmiki Basti Chowk near Patrol Pump Nahan Tehsil Nahan District Sirmaur accused persons namely Sandeep Kumar @ Sanju, Gagan, Vikas Rawat @ Vicky, Smt. Rama, Arun Kumar@ Ballu, Akash @ Golu, Prem Chand, Sagar, Shakti Chand @ Banti, Smt. Nirmala Devi, Vir Vikram @ Veeru and Sohan Lal formed an unlawful assembly and in prosecution of common object of such assembly to cause hurt and deter public servants/police officials from discharging their duties committed an offence of rioting. It is further alleged that all accused persons in prosecution of common object of such assembly to cause hurt and deter the public servants/police officials from discharging their duties committed an offence of rioting armed with weapons of offence as were likely to cause death i.e. iron pipe, baseball bat, hockey, dandas and stones. It is also alleged that all accused persons in furtherance of common object caused hurt to SI Subhash Katoch, Inspector Khazana Ram, C. Rajinder Kumar and C. Nasib Singh when they were discharging their official duties. It is also alleged that at about 11.30 PM police party headed by Inspector Khazana Ram PW 5 were coming back from Kala Amb and when they reached at Balmiki locality Nahan near Patrol Pump they found one motor cycle parked there amid of the road and found four persons namely Sagar @ Bunti, Vicky, Gagan and Vikram present there in drunken condition and were creating noise and breach of peace. It is further alleged that PW 5 Khazana Ram asked the aforesaid accused persons to board the police vehicle as they wanted to get them medically examined. It is further alleged by prosecution that in the meanwhile accused Vicky, Gagan and Shakti fled away from the spot whereas accused Vikram was detained by the police. It is also alleged by prosecution that when police officials were inquiring from co -accused Vikram about his late hour presence there during the night period all of sudden 7/8 persons including all accused persons reached at the spot armed with iron rods and sticks. It is further alleged that PW 5 Khazana Ram tried to pacify accused persons but all accused persons started pelting stones upon the police party. It is further alleged that initially co -accused Gagan had attacked on PW 5 Khazana Ram the then Inspector/SHO with sticks on his head and over the body and co -accused Shakti @ Banti attacked PW 5 Khazana Ram with some sharp edged weapon which caused grievous injuries on his face, head and arms. It is further alleged that PW 5 Khazana Ram, PW 6 Subhash Katoch, PW 26 Naseeb Singh and PW 7 Rajender Kumar suffered injuries on their persons on account of beatings inflicted by accused persons with sticks and stone pelting. It is further alleged that thereafter all police officials were took to hospital for their medical treatment and C. Naseeb Singh informed the police. He has stated that thereafter ASI Om Parkash PW 10 came to hospital and recorded the statement of Khazana Ram PW 5 which is Ext. PW 5/A. It is further alleged by prosecution that Khazana Ram PW 5, Subhash Chand PW 6, Naseeb Singh PW 26 and Rajender Kumar PW 7 were medically examined by PW 20 Dr. Pramesh Dogra. It is alleged by prosecution that PW 20 Dr. Pramesh Dogra issued MLC Ext. PW 20/C and opined that injuries were possible with blow of objects like Ext. P4 to Ext. P13 and with pelting of stones. It is further alleged that shirt of Khazana Ram took into possession vide seizure memo Ext. PW 2/B. It is further alleged that co -accused Shakti @ Banti had also given disclosure statement qua iron pipe Ext. P4 and iron pipe Ext. P4 was recovered as per disclosure statement given by co -accused Shakti @ Banti vide memo Ext. PW 12/A. It is further alleged that co -accused Sandeep, Vikas, Smt. Rama Devi, Arun Kumar, Akash and Nirmala Devi have also given the disclosure statements. It is further alleged by prosecution that eight sticks were recovered as per disclosure statements given by accused persons and site plan was prepared. It is also alleged by prosecution that call details of mobile Nos. 98160 -82354 and 98163 -84034 were obtained and it is also alleged by prosecution that X -ray films were also obtained and found that victim had sustained fracture.

(3.) THE prosecution examined the following witnesses in support of its case: -