ROSHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12.2.1982 recorded by the Additional Sessions Judge, Shimla division, camp at Bilaspur, vide which the learned Judge has convicted and sentenced the appellants herein as under: Name of appellants which Allowed benefit of Sec. 360 Cr. P.C. and released on probation Offence for Sentence imposed.

(2.) The Appellants are members of the same family, appellant No. 1 being the husband of appellant No.2 and father of appellant No.3. They are residents of village Dharar-Sani falling within the jurisdiction of Police Station Sadar, Bilaspur. PW-1 Hargobind Singh who is an Ex. MLC and claims to belong to a royal family is also a resident of same village. The facts of this case show that PW Hargobind Singh obtained some Nautor land from the Government. He, however could not obtain full possession of this land as the house of the appellants was already existing in this land and they were not willing to vacate the same. The appellants are also in possession of some agriculture land of pw. Hargobind Singh on which the father of appellant No.1 had been inducted as a tenant long back. On these accounts, the relations between the appellants and PW-l Hargobind Singh are strained and litigation both criminal and civil is also going on between them.

(3.) Now the case for the prosecution is that in the evening of 10th June, 1981 at about 6 P.M. when PW Hargobind Singh was on his way home from Bilaspur, the appellants attacked him near their house in the course of which attack Ratni appellant No.2 inflicted a kulhari blow on the right ear of Hargobind Singh PW while the other appellants gave him fist and kick blows. Roshan Lal, appellant No.1 was also alleged to have given danda blows to PW Hargobind. As a result of these blows the pinna of right ear of PW Hargobind Singh was chopped off to a great extent and h is nasal bone was fractured. He also suffered other minor injuries.