STATE OF H.P. Vs. JAI KRISHAN @ NANDU

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 11/1/2013 passed by learned Sessions Judge, Kangra at Dharamshala (learned appellate Court) vide which the appeal filed by the petitioner/State against the judgment dtd. 27/6/2009 passed by learned Judicial Magistrate First Class(I), Palampur, District Kangra (learned Trial Court) was dismissed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present revision are that the police presented a challan before the learned Trial Court for the commission of offences punishable under Ss. 147, 148, 323, 325 and 506 read with Sec. 149 of the Indian Penal Code (in short "IPC"). It was asserted that Nand Lal Ex-Pradhan of Gram Panchayat intimated the police on 18/4/2004 that a quarrel had taken place in village Nanahar. SI Ashok Parmar (PW-9), HHC Surender Pal and HHC Ajit Singh were sent to verify the correctness of the information. The informant, Santosh Kumar (PW-1), made a statement (Ex. PW1/A) that he was repairing the Kuhl on 16/4/2004 at 10.45 am with Dharam Chand (PW-5), when Jai Krishan @ Nand Lal came to the spot and inquired from him (Santosh Kumar) as to what he was doing. Santosh Kumar replied that he was repairing the Kuhl. Jai Krishan got infuriated and tried to remove the fence erected by the informant Santosh Kumar. Lata Devi (PW-2) also reached the spot. Informant and Lata Devi tried ( 2025:HHC:24436 ) to prevent Jai Krishan from uprooting the fence. However, Jai Krishan slapped Lata Devi. Kishori Lal, Ramesh Chand, Ravi Kumar, Mahinder Singh, Puno Devi, Gaitri Devi, Ravi Kumar, Mahindra Devi, Anju Devi, and Gudo Devi came to the spot armed with sticks. They gave beatings to the informant, Lata Devi and Dharam Chand. Partap Chand, Jagdish Chand (PW-4), and Khem Chand came to the spot after hearing the noise. The accused also gave beatings to Jagdish Chand and Khem Chand. The statement was sent to the Police Station, where FIR (Ex. PW9/A) was registered. SI Ashok Parmar filed an application (Ex. PW9/C) for conducting the medical examination of the injured. Dr. Nirdosh Gupta (PW-6) conducted the medical examination of Khem Chand and found that he had sustained injuries. X-ray was advised, and multiple small contusion and lecirated wound were detected. The nature of injuries sustained by Khem Chand was grievous, which could have been caused by a blunt weapon. MLC (Ex. PW6/A) was issued. Dr. Nirdosh Gupta examined Lata Devi and found that she had sustained simple injuries. He issued the MLC (Ex. PW6/B). He also examined Santosh Kumar and found that he had sustained simple injury. He issued the MLC (Ex.PW6/C). He also examined Dharam Chand and found that he had sustained grievous injury. He ( 2025:HHC:24436 ) issued the MLC (Ex.PW6/D). Dr. Arvind Bhan (PW-7) went through the X-ray and issued reports (Ex. PW-7/D to Ex. PW- 7/F). SI Ashok Parmar went to the spot and prepared the site plan (Ex.PW9/E). Jai Krishan produced the sticks, which were seized vide memo (Ex. PW1/B). Santosh Kumar produced a T-shirt (Ex. P7), which was seized vide memo (Ex.PW1/C). Khem Chand produced a shirt (Ex. P9), which was seized vide memo (Ex.PW3/A).

(3.) Learned Trial Court charged the accused with the commission of offences punishable under Ss. 148, 323, 325, and 506, read with Sec. 149 of IPC, to which they pleaded not guilty and claimed to be tried.