STATE OF H.P. Vs. RAM PRASAD

JUDGEMENT

(1.) RESPONDENTS were sent up for trial for offences punishable under Sections 341, 343, 325 read with Section 149 of the Indian Penal Code, for allegedly causing grievous hurt to PW-1 Om Prakash and simple injuries to PW-7 Ram Saran, in prosecution of their common object.

(2.) PROSECUTION case, as per material on record, was that on 15.7.1997 around 10.30 p.m. when PW-1 Om Prakash, accompanied by one Nasib Chand, was returning to his house and was passing in front of the house of the respondents, all the respondents surrounded him and started beating him. One of the respondents, namely Ram Prasad, was holding a 'Danda' and he dealt a blow of that 'Danda' on the right leg of PW-1 Om Prakash as a result of which his ankle joint was fractured. When PW-1 Om Prakash cried for help, his wife PW-3 Smt. Swaran Lata, a lady named Kamlesh (PW-8) and his brother PW-7 Ram Saran reached the spot. One Nasib Chand, who was accompanying PW-1 Om Prakash, also saw the occurrence. When PW-7 Ram Saran was trying to rescue PW-1 Om Prakash, he too was beaten up as a result of which he sustained three simple injuries. The matter was reported to the police the same day around 11.30 p.m. Police got both the injured persons medically examined. Medicolegal examination showed fracture of right ankle of PW-1 Om Prakash and several simple injuries on the person of PW-7 Ram Saran.

(3.) I have heard the learned Additional Advocate General as also the learned counsel for the respondents and gone through the record.