SOHAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) This order shall dispose of all the three petitions arising out of FIR No. 188/2016 registered under Sec. 341, 323, 325, 307, 506 of the Indian Penal Code against the accused-petitioners in Police Station, Theog, District Shimla, with the allegations that on 5.11.2016 around 8.30 p.m. complainant Babloo (Narinder Kumar) met them at Kufri. They stopped him and administered beatings. The accused petitioners allegedly beaten him with 'danda' whereas his coaccused Lalit and Pradeep with kicks and fisty cuffs. The complainant received injuries on his person. He also apprehended danger to his life at the hands of accused petitioners.

(2.) The injured was taken to Civil Hospital, Theog for treatment. He was referred to I.G.M.C. Shimla and there remained hospitalized from 9.11.2016 to 23.11.2016 in Orthopedics Department under the supervision of Professor Orthopedics Dr. Manoj Thakur. Initially, the case was registered against the accused-petitioners only under Sec. 341, 323, 506 read with Sec. 34 of the Indian Penal Code. Later on, after obtaining the case summary from the department of Orthopedics I.G.M.C. Shimla and the opinion of the Medical Officer, Civil Hospital, Theog as well as keeping in view the hospitalization of the complainant during the period 9.11.2016 to 23.11.2016, the injury i.e. subluxation C5-C6 was found to be grievous in nature. In view of the opinion so obtained a case under Sec. 325 and 307 of the Indian Penal Code has also been registered against the accused petitioners.

(3.) The investigation conducted at this stage is not suggestive of as to what was the cause of administering beatings to the complainant by the accused-petitioners. Now if coming to the contents of these petitions, the complainant allegedly teased the wife of accused-petitioner Sohan Lal. The said accused asked the complainant as to why he had teased his wife when she was in the 'Ghasani' (pasture). The reply of the complainant was that only a person who has muscle power can do such type of act. Not only this but he allegedly started pelting stones on accused-petitioner Sohan Lal. On noticing the quarrel at the place of occurrence other villagers attracted to it and on this the complainant ran away through 'Ghasani'. There being dark, he fell down on his person and received injuries.