STATE OF HIMACHAL PRADESH Vs. MASTAN SINGH

JUDGEMENT

(1.) State is aggrieved by the judgment of Sessions Court, whereby the respondents, who alongwith two juvenile delinquents, named Randhir and Ranjeet, were booked for offences, under Sections 147, 148, 307 read with Section 149 IPC, Section 323 read with Section 149 IPC and Section 27 of the Indian Arms Act, have been acquitted. The juvenile delinquents were sent up for trial to Juvenile Justice Court at Una. The present respondents were challaned in the Court of Illauqa Magistrate, who committed the case to Sessions Court.

(2.) STATED in nutshell, prosecution story is as follows. Respondent Mastan Singh, who is a Construction Contractor, had purchased sand and stones etc. from PW -9 Hitesh Kumar for construction of a building of Mahila Mandal. A part of the price of the aforesaid material had been paid, but a sum of Rs. 2,000/ - remained to be paid. The money was not paid despite repeated demands. Respondent Mastan Singh told PW -9 Hitesh Kumar that the money would be paid on 5th June, 1993. When PW -9 Hitesh Kumar went to collect the money on the aforesaid date, respondent Mastan Singh not only did not pay the money, but also hurled abuses at him and even threatened him. Similar threats were given to PW -11 Sumesh Pathania, one of the brothers of PW -9 Hitesh Kumar. On the next following day when PW -9 Hitesh Kumar was going towards the house of one Gian Singh, all the respondents and the above named two juvenile delinquents way laid him. They started giving beatings to him and forcibly took him to their house. PW -9 Hitesh Kumar cried for help. Attracted by his cries, his father Suresh Pathania and his two brothers PW -10 Suminder Singh and PW -11 Sumesh Pathiana rushed for his help. On seeing them coming to the rescue of Hitesh Kumar, respondent Mastan Singh picked up a muzzle loading gun and fired a shot from inside the room, through a window fitted with wire -gauze, which hit PW -10 Suminder Singh on his face, resulting in loss of three teeth and a facial injury. Then respondent Manjit Singh came out with a double barrel gun and fired a shot in the air. Gun was snatched from Manjit Singh by Sumesh and Suminder Singh. Thereafter the respondents withdrew. Suminder Singh was taken to Military Hospital at Pathankot where he was examined by PW -8 Dr. (Mrs.) N. Chhabra. Prosecution examined, besides PW -9 Hitesh Kumar and his two brothers PW -10 Suminder Singh and PW -11 Sumesh Pathania, two independent witnesses, namely PW -1 Suresh Kumar and PW -12 Kamar Singh, to prove the charge.

(3.) TRIAL Court believed the defence version and consequently acquitted the respondents.