STATE OF HIMACHAL PRADESH Vs. PARAS RAM

JUDGEMENT

(1.) STATE has appealed against the judgment dated 12.7.2006 of the learned Additional Sessions Judge, Fast Track Court, Una, Himachal Pradesh, passed in Sessions Case No.11/2004, RBT No.39/05/04, titled as State v. Paras Ram and others, challenging the acquittal of respondents (hereinafter referred to as the accused), who stand charged for having committed an offence punishable under the provisions of Section 147 and 447, 436, 427 and 506 read with Section 147 of the Indian Penal Code.

(2.) IT is the case of prosecution that on 30.6.2003 at about 5.45 p.m., accused persons formed an unlawful assembly and in furtherance of common object, of causing damage, forcibly entered the fields of complainant Manjit Kaur (PW -1) and Nirmala Devi (PW -2) and damaged their crop. Also, they set on fire the shed belonging to the complainant. Accused also threatened the complainant and her family members of throwing them in the fire. On telephone, police was informed of the incident and fire brigade sent for necessary action. Entry in Daily Diary (Ex. PW -12/C and 12/D) was recorded. Police reached the spot and recorded statement (Ex. PW - 1/A) of Manjit Kaur, on the basis of which FIR No.401 dated 30.6.2003 (Ex. PW -12/A), under the provisions of Sections 436, 447, 147, 506 of the Indian Penal Code, was registered at Police Station, Una. Investigation was conducted by Inspector Surinder Sharma (PW -13), who seized the incriminating material, in the shape of burnt ash (Ex. P -1), burnt wooden pieces (Ex.P -3, P -4 and P -5) vide Memo (Ex. PW -5/B), one match box (Ex. PW -2) and one half burnt wooden Mashal (Ex. PW -6), vide Memo (Ex. PW -5/A). Fields were got demarcated by the police through revenue officials and record (Ex. PW -7/A and 7/B) taken on record. Photographs (Ex. PW -10/1 to 10/7) of the spot were got clicked and taken on record. With the completion of investigation, which revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) ACCUSED were charged for having committed an offence punishable under the provisions of Section 147, and 447, 436, 427 and 506 read with Section 147 of the Indian Penal Code, to which they did not plead guilty and claimed trial.