STATE OF HIMACHAL PRADESH Vs. CHHOTU RAM

JUDGEMENT

(1.) STATE has challenged the acquittal of the respondents for the offences under Sections 451 and 325 read with Section 34 of the Indian Penal Code for allegedly committing the tress- pass into the verandah of the complainant Madan Lal, causing grievous hurt to him in furtherance of their common intention.

(2.) THE factual matrix giving rise to the present appeal is that on the earlier day of the alleged incident, i.e. 20th July, 1995, respondent Chhotu Ram is alleged to have used abusive language against complainant Madan Lal regarding which the complainant made a complaint Ext.PW-1/A in writing to the Pradhan PW-1 Mohinder Singh. It is alleged that on the next day, i.e., on 21st July, 1995 around 8.30 a.m. when Madan Lal was sitting in his shop in village Kachhiari, accused Dharam Chand (deceased) tress-passed into the verandah of his Whether reporters of the Local papers are allowed to see the judgment? Yes. house and enquired about the filing of the complaint against his son Chhotu Ram respondent. The complainant was called to the verandah by Dharam Chand where he was caught by him from his neck. In the meantime, respondent Chhotu Ram came there with a hockey stick and dealt 3-4 blows on his head, legs and arms. Respondent Sheela Devi, his smother also attacked Madan Lal aforesaid with "Chappal". PW-2 Krishan Kumar and PW-5 Kishori Lal intervened and rescued the complainant from the respondents. Hockey stick was allegedly snatched from the hands of respondent Chhotu Ram. The complainant Madan Lal (PW-3) lodged FIR Ext.PW- 9/A. He was medically examined by PW-10 Dr. Rama Sharma at 9.00 a.m. on 21st July, 1995 and noticed the following injuries:-

(3.) AFTER completing the investigation, the Challan was presented in the Court for the trial of the respondents. Before filing the charge-sheet Dharam Chand had expired, as such, respondents Chhotu Ram and his mother Sheela Devi were charge-sheeted for the offences aforesaid to which they pleaded not guilty and claimed trial.