STATE OF HIMACHAL PRADESH Vs. TELU RAM

JUDGEMENT

(1.) This appeal by the State is directed against the judgment or reversal/recorded by the Sessions Judge Una vide which the learned Sessions judge quashed the order of conviction and sentence recorded against the respondents by the Chief Judicial Magistrates Una for the offences under Section 325 323/34 I.P.C.

(2.) The respondents were made to face their trial for the offences under Section 327/325/34 I.P.C. on the allegations that on 13.8197 at village behdeh they had in furtherance of their common intention voluntarily caused simple and grievous injuries to PW Laxmi Chand. The facts of this case show that PW Laxmi Chand and Telu Ram respondent are collaterals and there existed a long standing dispute between them with is respect to their property. This dispute had already resulted both in civil and criminal litigation between these parties. Laxmi Chand PW had filed a civil suit against Telu Ram which was later on dismissed as withdrawn. Telu Ram had earlier prosecuted Laxmi Chand PW for the offence under section 325 I.P.C. It is in this back-ground that the case of the prosecution needs to be appreciated.

(3.) Now as per version of the prosecution as found in the First Information Report Ex. Pail recorded at the instance of Laxmi Chand PW, on 13.8.1977 this Laxmi Chand was sitting in the court-yard of his house when his oxen were being grazed in his held in front of the house by his son. Telu Ram respondent appeared on the scene and asked the son of Laxmi Chand to tie the oxen. On that Laxmi Chand PW intervened to say that since the oxen were grazing in his own land, Telu Ram had no right to object to their grazing or to require the oxen to be tied. In the meanwhile all the three respondents armed with Lathies attacked Laxmi Chand causing multiple injuries on his person, both simple as also grievous. On hearing the cries of Laxmi Chand, Tarseem Lal rushed to the spot and with great difficulty he rescued Laxmi Chand from the clutches of the respondents. Soon after, Bhagat Ram and Bakhtawar also reached there and they with the help of Tarseem Lal PW brought Laxmi Chand to civil hospital Una, He was medically examined at the hospital and his medical examination revealed as many as 17 injuries on his person of such injuries were declared grievous. It was at the hospital that the statement of Laxmi Chand under section 154 Cr. P.C. was recorded.