STATE OF H P Vs. BAWA SINGH

JUDGEMENT

(1.) Since both criminal appeal and criminal revision have arisen from the same judgment, therefore, these are required to be considered and decided by a common judgment.

(2.) The Criminal Appeal No.467 of 2005 is maintained by the appellant/ State of H.P., (hereinafter referred to as "the appellant") under Section 378 Cr.P.C., assailing the judgment of acquittal passed by the learned Additional Sessions Judge, Solan, H.P., in Criminal Appeal No.13-NL/10 of 2000, whereby the judgment of conviction and sentence passed by the learned the then Judicial Magistrate Ist Class, Nalagarh, District Solan, H.P., in Crl. Case No.19/2 of 1996, has been set aside against accused Bawa Singh (hereinafter referred as "the accused") and Criminal Revision No.42 of 2007 is maintained by Diwan Chand (hereinafter referred as "the accused") assailing the judgment of the learned Lower Appellate Court upholding the judgment of conviction and sentence imposed upon him by the learned Trial Court.

(3.) Tersely, the facts giving rise to the present appeal and revision, as per the prosecution, are that Pyare Lal, complainant was resident of village Nawangraon, Tehsil Nalagarh, District Solan, H.P. It has been alleged that the complainant was cultivating the land of Baba Ram Tehal Dass, Pujari of Ram Mandir, situated in village Nawangraon on 'Batai' basis. It has also been alleged that the land of Daulat Ram (father of the accused) was also situated adjoining to the said land and that on 21.11.1995, at about 3.00 P.M., the complainant, alongwith Baba Ram Tehal Dass, was sitting in the temple. The wife of the complainant, who had left the house earlier, returned to him and told that the accused Diwan Chand and his brother Bawa Singh were not permitting her to pass through the passage leading to her house. It has further been alleged that accused Diwan Chand had also chased her with 'Kassi'. It has been averred that the complainant in order to drop her at his house, accompanied her. The complainant on way enquired from the accused persons, who were sons of Daulat Ram about the reasons for not permitting his wife to pass through the passage. It has been alleged that the accused started abusing the complainant and accused Diwan Chand gave blows with the axe on the left shoulder of the complainant. He also gave Lathi (stick) blows to the complainant. On hearing hue and cry, Baba Ram Tehal Dass also reached at the place of occurrence. Accused Diwan Chand also gave blow with an axe on the head of Baba Ram Tehal Dass. It has also been alleged that Ram Asra, Gurbaksh Singh and other persons reached at the spot and rescued the complainant and Baba Ram Tehal Dass. The axe was snatched by the complainant from the accused Diwan Chand and was kept in the Temple. The complainant and Baba Ram Tehal Dass came to Nalagarh. The complainant, as such, made statement Ex.PW1/A under Section 154 Cr.P.C. to ASI, Police Station, Nalagarh, on 21.11.1995, at 6.00P.M. and the said statement culminated in recording of FIR, Ex.PA for the offence under Sections 341, 307 and 34 IPC. The police got the complainant and Baba Ram Tehal Dass medically examined. The doctor opined that the complainant had suffered grievous injury with a sharp edged weapon, as detailed in MLC, Ex.PA, issued after obtaining X-ray, Ex.PB and report, Ex.PC, whereas Baba Ram Tehal Dass suffered simple injury with a sharp edged weapon on his person, as per the detail given in MLC, Ex.PD, which was issued after obtaining X-ray, Ex.PE and report, Ex.PF. The police found commission of offence under Section 326 IPC. During investigation the police found that on 21.11.1995, accused, Diwan Chand was irrigating the land after drawing water through the land of the temple, which was in the possession of the complainant. It has been alleged that verbal conversation took place in between the accused and Rattani, when she was passing through the passage of accused and accused obstructed Rattani from passing through their passage and Rattani returned to the temple and disclosed this fact to her husband. Thereafter, the complainant accompanied his wife Rattani to enquire as to why accused Diwan Chand had obstructed her from passing through, upon which the accused started abusing the complainant and, in the meantime, accused Bawa Singh also reached at the spot and started quarreling with the complainant. It has also been alleged that accused Diwan Chand gave blow with an axe on the left shoulder of the complainant and the accused Bawa Singh also gave lathi blows to Baba Tehal Dass and Pyare Lal. Diwan Chand also gave blow with an axe on the head of Baba Tehal Dass and at that time Ram Asra, Gurbaksh Singh and other villagers also reached at the spot and rescued Baba Tehal Dass and the complainant. It has been averred that the complainant also snatched the axe from accused Diwan Chand. Said Diwan Chand also lodged FIR against the complainant and others, for the offence under Sections 325 and 34 IPC. After concluding the investigations, challan for the commission of offence under Sections 341, 326, 324 read with Section 34 IPC was filed against both the accused persons. The learned Trial Court found the accused guilty under Sections 341, 326, 324 read with Section 34 IPC and convicted and sentenced both the accused.