KANSHI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellants were convicted and sentenced by the additional Sessions Judge, Fast Track Court, kangra at Dharamshala under S. 452 read with S. 34 of the Indian Penal Code to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 5,000/- each, in default of payment of fine further undergo simple imprisonment for 6 months and they were also sentenced under S. 307 read with s. 34 of the Indian Penal Code to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 10,000/- each, in default of payment of fine to further undergo simple imprisonment for a period of one year. All the sentences were ordered to run consecutively. The appellants were held entitled to set off for detention the period already undergone by each of them. The trial court further ordered to pay a compensation of Rs. 30,000/- to the victim, Dinesh chand for the injuries suffered by him at the hands of the appellants. PROSECUTION CASE

(2.) IN nutshell, the prosecution case against the appellants has been that the complainant-Dinesh Kumar was running a hardware shop near Thandol bus stand and appellant-Kanshi Ram was having a vegetable shop in a khokha in front of the shop of the complainant. On 17-8-2000, at about 12 p. m. , complainant-Dinesh Chand was reading a newspaper in his shop, the appellant-Kanshi Ram, his son Shashi and nephew Vijay Kumar alias Kala came there and pounced upon him from back and kanshi Ram gave a blow on his left hand and his thumb got cut and separated with a sharp edged weapon when he tried to run both the accused namely Vijay Kumar and shashi also inflicted injuries with the sharp edged weapons. Dinesh Kumar shouted bachao-Bachao, when he saw back Kanshi ram was having a sword in his hand, Shashi was armed with Khukhri and Vijay Kumar alias Kala, Darat. The complainant-Dinesh ran for shelter in the adjacent house of brahma Nand. The appellants followed and entered into the house of Brahma Nand, caught hold of the complainant and gave further blows with their weapons on his different parts of the body. Smt. Sita Devi, wife of Shri Brahma Nand had tried to save the complainant, but the appellants kept on hitting him. Consequently, he fell down. Brahma Nand got attracted by the noise. He visited the spot along with a Gurkha labourer and rescued the complainant with great difficulty. The appellants ran away from the spot. The injured Dinesh Chand was taken to Sub-Divisional Hospital. According to the complainant, the appellants nurtured enmity against him for the last about 2 years. They had damaged the wires of his vehicle (Tempo), regarding which a case was pending against them before the sub-Divisional Judicial Magistrate and they had also damage his Tractor, regarding which a case was going on in the Court of additional Chief Judicial Magistrate, palampur. Captain Suresh, brother of the injured informed the police on the same day and a rapat Ex. P. W. 5/a was recorded in the daily-diary. The police visited the hospital and recorded the statement (Ext. P. W. 6/a) of Dinesh, under S. 154 of the Code of criminal Procedure, on the basis of which a formal FIR Ext. P. W. 6/b was recorded under Ss. 452, 325. 324, 323 read with S. 34 of the Indian Penal Code. Dinesh injured was referred to CMC Hospital, Ludhiana, for his treatment. RECOVERIES UNDER SECTION 27 OF the EVIDENCE ACT

(3.) THE police visited the spot and took into possession darat Ext. P2 from appellant-Kanshi Ram vide Memo Ext. P. W. 12/ c, pursuant to his statement Ext. P. W. 12/ a. Sword Ext. P1 and his clothes Exts. P. 3 and P4 were recovered from appellant-Sushil kumar vide memo Exts. P. W. 13/d, as a consequence of his statement Ext. P. W. 13a and from Vijay Kumar got recovered one danda and clothes vide memo Ext. P. W. 13/ f, per his statement Ext. P. W. 13/f.