SURINDER KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) Since all these appeals arise out of the very same impugned judgment, they are being considered and disposed of as such.

(2.) Briefly stated, case of the prosecution is that on 2.10.2004 at about 7.30 a.m., at Village Karour, Tehsil and Police Station, Nadaun, District Hamirpur, Himachal Pradesh, accused-appellant Surinder Kumar, accusedrespondents Amar Singh, Sushil Kumar and Geeta Devi, herein after referred to as accused, in furtherance of their common intention, trespassed into the cow-shed of complainant Pritam Chand; caused simple as well as grievous hurt to him and Darshana Devi; uprooted the fence; caused loss of more than Rs. 50/-; threatened the complainant party and also put the cow-shed of the complainant on fire. The matter was reported to the police, vide statement (Ex. PW-1/A), recorded under the provisions of Section 154 of the Code of Criminal Procedure (hereinafter referred to as the Code) on the basis of which FIR No.177/04, dated 2.10.2004, for commission of offences, punishable under Sections 452, 436, 447, 506, 323, 34 of the Indian Penal Code came to the registered at Police Station, Nadaun, District Hamirpur, Himachal Pradesh, against the accused. Investigation, so conducted by the police, prima facie, revealed complicity of the accused in the alleged crime. Hence, challan was presented in the Court for trial.

(3.) All the accused were charged for having committed offences, punishable under the provisions of Sections 452, 323, 325, 427, 506 & 436, all read with Section 34 of the Indian Penal Code, to which they did not plead guilty and claimed trial.