RAVI DATT Vs. STATE OF H.P.

JUDGEMENT

(1.) Five appellants namely Ravi Datt (accused No.l) Indar Singh (accused No.2) Rama Nand, (accused No.3) Joginder Singh (accused No.4) and Jagdish Chand (accused No.5) were put up for trial for the commission of offences under Sections 147,148,149, 307 and 323IPC. Before the Sessions Judge, Solan in Sessions trial No. 19 -S/7 of 1994. The learned Sessions Judge chargesheeted the accused under Sections 147,307 and 325 of the Indian Penal Code and convicted and under Section 147 and 325 of the Indian Penal Code by judgment and order dated April 1, 1997. The accused were sentenced to suffer imprisonment of two months and to pay fine of Rs. 2000/ - each under Section 147 IPC. and in default of payment of fine they shall undergo imprisonment for one month A -3 and A -5 were also sentenced to undergo imprisonment for two years and to pay fine of Rs. 2000/under Section 325 IPC. and in default of payment of fine they shall further undergo imprisonment for three months. A -l, A -2 and A -4 were sentenced to undergo imprisonment for one year and to pay fine of Rs. 2000/ - under Section 325 I.P.C. and in default of payment of fine they shall further undergo imprisonment for three months. The accused have assailed the judgment and order of their conviction and sentence in this appeal.

(2.) One Shri Lekh Ram resident of village Chilla, Police Station, Kandaghat, District Solan is the brother of A -3. Shri Lekh Ram was unmarried. He had executed a Will of his land in favour of A -l, A -2, A - 3 and A -4, but later on he revoked the said Will and bequeathed his share of the land in favour of Shri Gauri Datt and his son and due to the change of the Will by Lekh Ram, the accused stated to have entertained, animosity and hostility against Shri Lekh Ram, Shri Gauri Datt and other members of his family. Shri Gauri Datt, his brothers namely Shri Prem Singh and Chet Ram are also residents of village Chilla. They are litigating with the accused on account of landed property in the court. There is a water tank constructed at Village Chilla which caters the requirement of drinking water to the residents of village Chilla, besides, the water is being used by the residents for irrigation purpose.

(3.) It was on August 27, 1993 at about 7 A.M. that Shri Gauri Datt (PW -1) his brother Chet Ram (PW -19) had gone to the water tank of wash their hands and for fetching drinking water to their house. They noticed that the accused had connected a water pipe in the tank for irrigating their fields. PWs. Gauri Datt and Chet Ram temporarily disconnected the water pipe of the accused for the purpose of washing their hands, faces as well as filling water in a bucket. In the meanwhile, A -5 came there and asked PWs. Gauri Datt and Chet Ram regarding the disconnection of the water pipe. They replied that they would connect the water pipe as before after washing their hands, mouths and collecting water in their bucket. On hearing the reply of PWs. Gauri Datt and Chet Ram, A -5 went to his house in a fits of rage. PW. Shri Gauri Datt after collecting water in a bucket started to proceed to his house situated nearby the water tank whereas, PW Chet Ram was still busy in washing hands. PW Shri Gauri Datt hardly had reached in the courtyard of his house, he saw all the accused persons running towards water tank wielding "Khilnas" (Hoestools used chiefly for breaking up or loosing the surface of the ground). As soon as they reached at the water tank they started beatings PW Chet Ram who fell down on the ground. When Shri Prem Singh (PW -20), third brother of PWs. Gauri Datt and Chet Ram was being given beating by the accused persons, he rushed to the scene of the occurrence with a view to rescue his brother but he too was beaten. When the accused persons were giving beating to Chet Ram and Prem Singh , Smt. Uma Devi (PW -3) wife of Prem Singh, Malti Devi, (PW -4) mother of Gauri Datt, Chet Ram and Prem Singh and the wife of Chet Ram also reached at the place of occurrence and tried to save Chet Ram and Prem Singh from the clutches of the accused. The accused had not even spared these women from giving beatings. PW Smt. Malti Devi laid on the person of Chet Ram to save him from giving more beatings but she was assaulted repeatedly. On seeing the entire episode from his courtyard, PW Gauri Datt immediately rushed to Police Station, Kandaghat and lodged a report there. The Police Officials instantaneously proceeded to village Chilla. It was further case of the prosecution that some residents of the village had also reached on the spot for saving the lives of Chet Ram, Prem Singh, Smt. Malti Devi and others and they were able to drive away the accused persons from the scene of the occurrence. Both the victims, namely, Chet Ram and his mother smt, Malti Devi were brought to their house buy the residents of village in an unconscious condition. Chet Ram and Prem Singh injured were lying unconscious at the place of occurrence, when Shri Garib Dass (PW -21) Inspector/S.H.O Police Station, Kandaghat had reached at the scene of incident. Inspector Shri Garib Dass could manage to bring injured Chet Ram and Prem Singh on the road side from where they were brought to the Govt. Hospital, Kandaghat. Smt. Uma devi was brought to the house in battered state. Dr. Rakesh Sood (PW -13) who at the relevant time was posted as Medical Officer at Civil Hospital, Kandaghat provided medical aid to all the victims but noticing the serious condition of the victims and the nature of the wounds on their persons, Dr. Rakesh sood referred Chet Ram and Prem Singh to the Post Graduate Institute of Medical Science (PGI), Chandigarh for further treatment. Smt. Malti Devi and Smt. Uma Devi were treated at Govt. Hospital, Kandaghat. Both these victims gained consciousness at PGI, Chandigarh, PW. Chet Ram remained under treatment for 14 days for injury sustained by him on his head on account of beatings given by the accused whereas PW Prem Singh remained at PGI. Chandigarh for seven days.