JAMNA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This judgment shall dispose of both appeals arising out of the same judgment, whereby the appellants (hereinafter referred to as 'A-1 to A-4') have been convicted and sentenced for the commission of an offence punishable under Sections 307, 326, 342 read with Section 34 of the Indian Penal Code. They, however, have been acquitted of the charge under Section 201 read with Section 34 of the Indian Penal Code framed against each of them for want of evidence.

(2.) The appellants in these appeals are Rattan Chand (since dead hence appeal against him stands abated) and Jamna Devi, accused No. A-1 and A-2, whereas, the appellants in connected appeal Babu Ram is A-3 and Rajesh Kumar A-4. The complainant is PW-4 Prem Chand, father of the victims of occurrence, PW-1 Shonki Ram and PW-2 Prithi Chand. Admittedly, both parties are inimical to each other.

(3.) The complainant party laid plinth for construction of house on road side over the Government land at a place known as Bage-Da-Moar in Village Saravnati, Tehsil Khundian, District Kangra by way of making encroachment thereon. Adjoining to the plinth, a 'Palli' (shed) of the complainant party was in existence and being used for sleeping during night time to keep watch and ward of the on going construction work. The house of the accused party is also situated nearby to the plinth laid by the complainant party. As usual on 16.04.2002, around 9.30 p.m. PW-1 and PW-2 were going to the site of construction for sleeping there. When reached on road side, they raised alarm 'Bachao' 'Bachao'. On finding that it is PW-1 and PW-2 have raised alarm to save them, the complainant (PW-4) accompanied by his daughter-in-law Kavita (PW-8) another daughter-in-law Nimo, his wife and son Desh Raj rushed to the spot. They noticed PW-1 lying unconscious on road in a pool of blood, whereas, A-3 stabbed PW-2 Prithi Chand with sharp edged weapon on his stomach in their presence. A-1,A-2 and A-4 also administered beatings to PW-2 with kick and fist blows. They dragged him towards there house. When complainant asked them not to kill his son (PW-2), he was pushed aside by A-4. At that very time, they picked up PW-2 and put him in a vehicle bearing registration No. HP-55-2868. A-2 and A-3 had taken PW-2 to some unknown destination. After that the complainant shifted his another son PW-2 Shonki Ram in a vehicle to the hospital at Jawalamukhi. There he came to know that his son Prithi Chand was also brought there for medical check-up, however, taken by A-3 and A-4 to the hospital at Dharamshala. PW-1 Shonki Ram was also referred to the hospital at Dharamshala. When complainant reached in the hospital at Dharamshala with PW-1, he came to know that his another son PW-2 Prithi Chand was already taken to operation theatre by the doctor for conducting surgery. Since accused persons were inimical to him, therefore, it is for this reason, they assaulted his sons PW-1 and PW-2 intentionally to do away with their lives. It is in this manner the complainant (PW-4) has disclosed the occurrence having taken place in his statement Ext. PW-4/A recorded under Section 154 of the Code of Criminal Procedure.