STATE OF H.P. Vs. SANTOSH

JUDGEMENT

(1.) THE respondents were tried and acquitted by the learned trial Court in Sessions trial No. 2 -NL/7 of 1993, decided on 13.6.1994, under Sections 302, 325, 323 read with Section 34 of the Indian Penal Code.

(2.) BOTH the parties i.e. the complainant and the respondents are residents of the same village and were residing in the close vicinity. Precisely, the respondents were put on trial, on the allegations that on 11.10.1992, at about 6.30 p.m., PW1 Bhagwan Dass after returning from his work, took his meals at about 8.20 p.m. The accused respondent Ram Lal alongwith his wife Prem Devi asked him as to why he had removed the grass from their land and started hurling abuses. On hearing their cries, Basant Ram (deceased) came out from his house and asked about the cause of their quarreling. When Basant Ram was climbing the stairs of the house of Bhagwan Dass, respondent Santosh s/o Ram Lal allegedly dealt a danda blow on his head, consequently, he fell down. Simultaneously, respondent Ram Partap gave a blow of danda on him. Thereafter, all the respondents dragged Basant Ram towards their house.PW -1 Bhagwan Dass tried to rescue and relieve Basant Ram from their clutches, but he was also given beatings with danda by both the respondents which hit his head, arm and back. Bhagwan Dass cried for help. Asha Ram, father and Mohinder Singh son of the deceased got attracted and came to the spot and lifted Basant Ram to take him to their place, but the respondents also gave beatings to them and fled away from the spot.

(3.) SHRI Tidu Ram, Pradhan and Ram Swarup, Member of the Panchayat were called. Ram Swarup informed the police telephonically about the quarrel having taken place and death of Basant Ram. The information was entered into Roznamcha rapat No. 29 and SI/SHO Jagan Nath left the Police Station to the spot and got recorded the statement of Bhagwan Dass under Section 154 of the Code of Criminal Procedure, on the basis of which FIR No. 58/92 was registered in Police Station, Barotiwala.