STATE OF HIMACHAL PRADESH Vs. RAKESH MALIK

JUDGEMENT

(1.) This appeal, preferred by the State of Himachal Pradesh, is directed against the judgment dated October 4, 1978 of the learned Sessions Judge, Simla. It has arisen out of an incident which took place during the night intervening 10th and 11th May, 1978 in a house known as "Alfin Lodge - located near the All India Radio building below the main road leading from Indian Institute of advanced Studies towards Raj Niwas. About 20 to 25 students are stated to have formed an unlawful assembly, armed themselves with hockey sticks, iron rods, iron chains, wickets etc., forced their entry into Alfin Lodge and given indiscriminate and merciless beatings to the inmates of that house who had collected therefor celebrating a marriage. As a result, one person succumbed to the injuries, another received grievous hurt and as many as 5 persons were inflicted simple injuries.

(2.) After completing the investigation, the police put up a challan against 14 accused all of whom were committed by the learned Chief Judicial Magistrate, Simla under sections 147/148 and sections 302/307/323/325/ 353/427/452/201 read with section 149 of the Indian Penal Code. Upon consideration of the record and the documents and after hearing arguments of both sides, the learned Sessions Judge was of the opinion that these were no sufficient grounds for proceeding against one of them, Kahan Singh Dogra by name, and, therefore, discharged him under the provisions of section 227 of the Code of Criminal Procedure, vide his order dated July 5, 1978. The remaining 13 accused, namely, Rakesh Malik, Rakesh Singh, Kedar Singh, Hukum Chand, Chuni Lal, Chain Ram, Prem Nath, Mehar Singh, Hardev Singh, Arun Mahajan, Partap Singh, Jagrup Singh Chaudhary and Rajinder Chauhan were charged for having committed offences under sections 302, 325, 452 and 457 read with section 149 of the Indian Penal Code. Besides, the first accused, out of the above -named, were charged under section 148, I. P. C. whereas the remaining 6 accused were charged under section 147, I. P. C.

(3.) After the prosecution had closed its evidence and the statements of the accused under section 313, Cr. P. C. had been recorded, the learned Sessions Judge being of the view that there was no evidence to show if 7 of the accused persons, namely, Mehar Singh, Hardev Singh, Arun Mahajan, Partap Singh, Jagrup Singh Chaudhary, Rajinder Chauhan and Prem Nath had committed any of the offences for which they had been charged, acquitted them under the provisions of section 232, Cr. P. C. vide his order dated September 22, 1978. The remaining 6 accused, namely, Rakesh Malik, Rakesh Singha, Kedar Singh, Hukum Chand, Chuni Lal and Chain Ram were called upon to enter on their defence. They submitted a common list of 4 witnesses who were summoned but they gave a statement, on the day fixed for the defence evidence, that they had no evidence to adduce.