NIMMO DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since all these appeals arise out of the impugned judgment of conviction and sentence, dated 29.05.2017, passed by learned Additional Sessions Judge (II), Kangra at Dharamshala, H.P., in Sessions Trial No. 5-D/VII/2015, as such, they are heard together and are being disposed of by a common judgment.

(2.) Succinctly, the facts giving rise to the present appeals, as per the prosecution story, are that on 12.03.2015, Hari Charan informed the Police Post Yol that around 1.30 p.m., when he was busy in dismantling his old house, accused Lekh Raj alongwith his wife Nimmo Devi, Mohinder and his nephew came there and started arguing with respect to accumulation of debris. Hari Charan persuaded them that falling of debris here and there is natural in the process of dismantling the house, but, accused Mohinder snatched the spade from the labourers and assaulted him with it on his head. The wife of Hari Charan (Basla Devi), his sister-in-law and his grand son came to his rescue, however, they were also attacked with dandas and spade. On hearing clamor, the people of the vicinity gathered and accused persons on seeing them, fled away from the spot. This information was registered in general diary vide entry, No. 12 of 12.03.2015 and thereafter, the injured were taken to Zonal Hospital, Dharamshala for medical treatment.

(3.) The prosecution, in order to prove its case, examined as many as twenty six witnesses. Statements of the accused persons were recorded under Sec. 313 Cr. P.C. The accused persons did not lead any defence in their favour.