STATE OF HIMACHAL PRADESH Vs. BISHWA DUTT
LAWS(HPH)-1997-8-22
HIGH COURT OF HIMACHAL PRADESH
Decided on August 06,1997

STATE OF HIMACHAL PRADESH Appellant
VERSUS
BISHWA DUTT Respondents


Referred Judgements :-

1. PRITAM SINGH AND ANOTHER VS. STATE OF PUNJAB [REFERRED TO]
KEISAM KUMAR SINGH VS. STATE OF MANIPUR [REFERRED TO]


JUDGEMENT

SURINDER SARUP,J. - (1.)The nine respondents have been acquitted by the Court of Shri Janeshwar Goyal. Addl. Sessions Judge. Solan and Sirmur Districts at Nathan by the impinged judgment date 04.04.19X8 of the charge under Sections 14H/452/323/506 I.P.C. read with Section 149 I.P.C. in so far as respondents No.2 to 9 are concerned while, Vishwa Dutt respondent No. 1 has been acquitted of the charge under Sections 148/452/323/506 read with Sections 149 and 307 as I.P.C. as also section 27 of the Indian Arms Act; hence - the present appeal by the State.
(2.)The prosecution case is that there is a Klialiyan situated in Khasra No.47. -n village Lawahan belonging to the complainant party i.e. Ram Sarup etc. on 14.13.1985 at about 7.00 A.M., Mohinder Singh and Dev Dutt respondents started digging out the said Khaliyan. which was objected by Vidya Ram. Mean while, Respondent No. 1 Vishwa Dutt came there with a Lathi and gave a blow with it on the head of Vidya Ram. The latter out of fear, ran back to his house but was being followed by Mohinder Singh armed with Kasli, Vishwa Dutt. Slier Jang and Sarup Devi (armed with lathis) and Nirmla Devi respondent, who gave Vidya Dutt, beating in his house. Dey Dutt respondent claimed up the roof and started pelting stones and other respondents - Meera Devi, Ganga Dutt. and Shakha pelted stones from the Court yard and thus caused injuries on the person of Sarup Devi, Dev Dutt and Jai Parkash, the members of the complainant party. Bishwa Dutt, the brother of Vidya Ram on hearing the cries, reached the Spot. AH the respondents fled away leaving behind Kasli and Lathis in the Court yard of the complainant party. Vishwa Dutt leQt behind the Jersy worn by him in the said court yard.
(3.)10 to 15 minutes later, Vishwa Dutt respondent came there armed with a gun and threatened the complainant party to come out of the house and he would kill them. Ram Sarup, out of the complainant party, who is also a, PW, came out of the house into the court yard. At this, the respondent Vishwa Dutt fired at him but Ram Sarup escaped as he moved a little. However, the pellets of the shot hit him on the shoulder and blood started oozing out of the injuries. The whole occurrence is alleged to have been witnessed by Jagdish and Harinder, residents of the same village. A report was lodged at the Police. Station, Sarahan at about 9.00 A.M. on 14.10.1985 and a case under Sections 148/452/323/506/149 and 307 I.P.C. and Section 27 of the Indian Arms Act was registered against the respondents.


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