STATE OF HIMACHAL PRADESH Vs. GOVIND RAM

JUDGEMENT

(1.) The State has filed this appeal against the judgment and order dated August 11, 1978, of the learned Sessions Judge, Mandi, Kullu and Lahaul-Spiti districts at Mandi, whereby the accused/respondents were acquitted by giving them the benefit of doubt.

(2.) Necessary facts to decide this appeal may be stated. The respondent Govind Ram was charged under Ss. 302, 147/149, 148/149 and 149 I.P.C. whereas the respondents Balku, Chuharu, Smt. Purnu and Gawainu were charged under Ss. 147/149, 148/149 and 324 I.P.C. The prosecution case is that on June, 5, 1974 at village Rao within Police Station, Balh, all the respondents with an intention to commit offences and to intimidate the complainant's party, formed an unlawful assembly and armed with axes, 'drants' sickles and 'dandas' forcibly entered into the fields belonging to Bhagirath and Mania sons of Gayahru. Govind Ram respondent had an axe, Balku accused a'drant' while accused Chuharu had also an axe. Smt. Purnu and Gawainu were armed with sickles and 'dandas' respectively. On their reaching the land in dispute, which was being cultivated by the complainant party, the respondents asked them not to plough the same as the said land was in their possession. The members of the complainant-party persisted in their right to plough the land on the ground that they had purchased the same from Shri Prakram Singh etc. the original owners, about some months back, Smt. Purnu accused cut off the yokes' strings on the bullocks. This led to a scuffle between the parties. It is alleged that Govind Ram respondent gave two axe blows on the head of Mal deceased on which Mal collapsed on the ground. It is also alleged that after this, Govind Ram respondent attempted to give an axe blow to Bhagirath (PW) but he saved himself while catching hold of the axe and with the help of Sant Ram (PW) snatched the axe from Govind Ram. Gawainu respondent is stated to have given 'danda' blows to the complainant-party and in that process injuries were received by many members of the complainant-party. At the same time, Balku respondent wanted to give a 'drant' blow to Chugha but he is stated to have saved himself by snatching the 'drant' from Balku respondent. Chuharu respondent is stated to have attacked Chugha (PW),with an axe but Chugha saved himself by leaning down and the blow of Chuharu struck Balku. Smt. Purnu is alleged to have thrown stones at the members of the complainant-party. It is alleged that when the respondents saw that Mal was dying, they ran away leaving behind their weapons of offence. All the respondents are stated to have suffered injuries during the scuffle.

(3.) The prosecution case is that some of the members of the complainant-party were having 'Pranths' (small round wooden sticks) for goading three pairs of bullocks that were brought in 'Rihali' to plough the disputed fields and in self defence they inflicted injuries on the persons of the respondents with those sticks. It is also the prosecution case that out of the four fields, the respondents had cultivated maize crop in two fields about 10/12 day prior to the occurrence and that on the date of occurrence, the maize had sprouted and it was 3"/4" in height. It is also in the prosecution evidence that when Chuharu respondent had cultivated the land, Bhagirath and Gayahru (P.Ws) approached the Panchayat pradhan, Sri Puran Chand, and complained to him about the illegal possession of Chuharu respondent on the land in dispute. The Pradhan is stated to have advised them not to take law into their hands but to have resort to legal remedy.