RANGEEL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellants were convicted by the learned Sessions Judge, for forming an unlawful assembly thereby using deadly weapons in prosecution of the common object and causing murder of Prem Dass, thus, sentenced each of them, under different sections as under:-

(2.) On 24th March, 2004, Prem Dass had gone to a nearby village, in connection with his own work. When he did not return in the evening, his son PW12 Jeewan at about 8.30 p.m. went in search of him towards Garnota side. When he reached village Chhedu near the mile-stone, he met his father Prem Dass, who was accompanied by PW13 Yashwant and DW1 Narso Ram. Jeewan, also joined them while returning on their way, they came across, the disputed land. The appellants Rangeel Singh, his sons Mohinder Singh, Surinder Singh and Manoj Kumar alongwith their wives, namely appellants Biaso Devi, Rekha Devi and Veena Devi were present there. All of a sudden, they attacked Prem Dass. Manoj Kumar was having a shovel (belcha) in his hand and Surinder Kumar a darat, whereas the other appellants were having dandas and they also started beating Prem Dass. Appellant Manoj Kumar is alleged to have given a shovel blow on the head of Prem Dass and appellant Surinder Singh dealt a blow with darat, which caused injury on the index finger of Prem Dass, on the right hand. Others started beating him with dandas. Yashwant tried to intervene in that episode he also sustained injuries on his head and shoulder. Jeewan cried for help and the appellants chased him, but he ran away from the spot. While running he looked back, he noticed that his father Prem Dass, Yashwant and Narso Ram had also run away to save their lives. Jeewan while fleeing adopt the path through water channel etc and reached the shop of Yashwant. PW13 Yashwant and his father had already reached there. His father was almost in a semi-conscious condition he was having some bleeding injuries. Yashwant sent for the vehicle of PW2 Ashok Kumar and took Prem Dass to Police Post "ËœSihunta "â„¢ and lodged a report. Thereafter he was taken to Primary Health Centre Sihunta for medical examination. There he was attended upon by PW4 Dr. Parveen Kumar. On the medical examination of Prem Dass, he noticed following injuries:-

(3.) When Prem Dass was being examined, his condition deteriorated, thus he was referred to Rajinder Prasad Medical College (RPMC), Dharamshala for further treatment. When he was being taken to the said hospital, his son Jeewan noticed that his father was not responding to his calls. Thus, he brought him back to the Primary Health Centre 'Sihunta' in the same vehicle and got him checked up again from PW4 Dr. Parveen Kumar. On examination, the doctor declared Prem Dass dead.