HEM RAJ Vs. STATE OF HIMACHAL PRADESH
HIGH COURT OF HIMACHAL PRADESH
STATE OF HIMACHAL PRADESH
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BHAWANI SINGH,J. -
(1.) These two appeals (Criminal Appeal No 344 of 1988, Hem Raj and three others v. State of Himachal Pradesh and Criminal Appeal No. 106 of 1989, State of Himachal Pradesh v. Hem Raj and five others, are being decided by a common judgment since they arise out of the same judgment.
(2.) The prosecution case, in brief, is that in village Navahi, there was a fair on June 15, 1987. People from surrounding villages had come to attend it. Deceased, Partap Singh, was also there in the fair and at about 5 p. m he met Shri Naresh Kumar (PW 1) and they remained together till 11.30 p.m. and were enjoying 151m that was being shown in the open ground to the public by the Public Relations Department.
(3.) Accused Yashwant alias Yashpal came there with co -accused and knocked the deceased. Sensing some kind of quarrel, Naresh Kumar (PW 1) and the deceased ran away from the place and went towards the Talab. The accused followed them and pelted stones from behind. While fleeing, Naresh Kumar (PW 1) was ahead of the deceased. This incident was seen by others who were sitting there with the deceased and Hukam Chand was one of them. However, they continued enjoying the film.;
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