SIDHU RAM Vs. RAMESH KUMAR

JUDGEMENT

(1.) Lokeshwar Singh Panta, J. -Two Revision Petitions No. 10 of 1992, Sidhu Ram v. Ramesh Kumar and others and 74 of 1992, State of H, P. v. Ramesh Kumar and others, have been filed by the complainant and the State of Himachal Pradesh against the order dated 6 -2 -1992, passed by the Sessions Judge, Una in Sessions Case No. 21 of 1991, discharging the accused under section 302 read with section 34 of the Indian Penal Code and framing charge under section 304, Part II, I. P. C. against accused Ramesh Kumar and against the remaining accused under section 304, Part II read with section 109, I P. C. Both the revisions are being decided by this common judgment.

(2.) The prosecution case in brief is that on 3 -7 -1991 at about 8.00 p m. accused Ramesh Kumar arrived with a truck No HIU -1431 in his village Ajouli Tehsil and District Una from Nangal and parked the truck on road side near his house. After a short while, Ravi Kant son of complainant Sidhu Ram, resident of the same village also arrived there with his tractor, Complainant Sidhu Ram and father of the accused Ramesh Kumar are real brothers and have got a common cow -shed. Ravi Kant desired accused Ramesh to remove the truck from that place and to carry it forward or backward in order to enable his tractor to pass. It is alleged that there was a hot exchange of words between the accused Ramesh Kumar and Ravi Kant and in the meantime, one Shiv Kumar owner of the truck also reached there, who made them to reconcile. At about 1100 p. m., Ashok Kumar other son of the complainant Sidhu Ram visited the common tethering place (Barra). After a little while, the complainant on hearing cries of Ashok Kumar reached at the spot and found accused Ramesh Kumar, Som Nath, Rakesh Kumar and Shadi Lai catching hold of Ashok Kumar and hitting him with fist: blows. In the meantime, accused Ramesh Kumar left for his house running and brought a knife and inflicted knife blow on the person of Ashok Kumar which was sustained by him in his chest. When Sidhu Ram intervened, he got a push as a result of which, he fell down on the earth and sustained injury on his left check and then all the accused ran away from the spot. Ashok Kumar sustained injury with the knife and fell down on the earth and became unconscious. He was removed in the truck by Sidhu Ram and his other sons Naresh Kumar and Vijay Kumar to the Nangal hospital but on the way Ashok Kumar succumbed to the injuries. His dead -body was brought back. The matter was reported to the police on the basis of which F. I. R. No. 217/91 was registered at Police Station, Una, under section 302 read with section 34,1. P. G. against the accused. The dead -body was subjected to post -mortem examination. Doctor opined that the death was caused due to an injury to right lung leading to internal haemorrhage and shock. Investigation was conducted by the police officer. During investigation, it was found that the relation between the complainant and Shadi Lal were strained on account of dispute regarding residential plot. After the completion of the investigation, charge -sheet under section 302 read with section 34 of the Indian Penal Code was presented against the accused before the Sub -Divisional Judicial Magistrate, Una, who committed the same to the Court of Sessions for trial The learned Sessions Judge charge -sheeted the accused for the offences aforesaid. Complainant Sidhu Ram father of the deceased and the State of H. P. are aggrieved against the order of discharge under section 302 read with 34, I. P. C. passed by the trial Court and have filed these revision petitions.

(3.) We have heard Shri Jagdish Vats and Shri B. P. Sharma learned Counsel for the petitioners and Shri N. K, Thakur learned Counsel for the accused and also perused the police record,