MILAP CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) On lodging complaint by PW4 Puran Chand, FIR Ext.PW3/A was registered under Sections 147, 148, 149, 323, 506 IPC in P.S. Lamba Gaon, District Kangra on 3.5.2001 at about 2.05 PM, wherein it was stated that on 2.5.2001 at about 8/9 PM when PW4 Puran Chand was present in house of one Tarlok Singh, at that time, petitioner/accused Milap Chand along with Must Ram, Subhash Chand, Guddu, Ajju and Shambhu came and started abusing complainant, to which complainant did not respond, whereupon, after 10-15 minutes, all of them attacked complainant with fist blows and sticks (dandas) and when he was overpowered by Mast Ram and Shambhu, petitioner/accused Milap Chand gave a fist blow on his chin resulting into extraction of two teeth. It was also stated that assailants were intending to kill him (complainant) and he rushed inside the house of Tarlok Chand who witnessed entire episode and accused/petitioner and Shambhu beat him in house of Tarlok Chand whereupon Tarlok Chand and his family members saved him by pushing them outside the house. It was also alleged that during this scuffle, his golden chain and Rs.1000/- were lost and assailants had attacked him because of old enmity on account of property dispute.

(2.) After lodging complaint, police came into action and carried on investigation. During investigation, spot map Ext.PW7/A was prepared. Complainant was medically examined and weapons of offence were also taken into possession. On completion of investigation, finding prima facie complicity of all six accused, challan was presented in the Court. On conclusion of trial, learned Judicial Magistrate 1st Class convicted all accused under Sections 147, 323, 325 and 506 IPC read with Section 149 IPC and acquitted them under Section 148 read with Section 149 IPC vide judgment dated 4.8.2005 in criminal case No. 454- II/2004/02.

(3.) In appeal preferred against the trial Court's judgment, learned Sessions Judge, Kangra at Dharamshala vide judgment dated 22.8.2007 passed in criminal appeal No. 20- P/X/2005 acquitted all accused except convicting present accused/petitioner Milap Chand under Section 325 IPC.