Sureshwar Thakur, J. - (1.) The instant appeal stands directed by the accused/convict against the judgment rendered by the learned Additional Sessions Judge (Fast Track Court), Chamba, in Sessions trial No. 8 of 2008/2006, whereupon, he returned findings of conviction against the accused/convict in respect of charges framed under Section 307 IPC and consequently sentenced him to undergo six years imprisonment and to pay a fine of Rs. 30,000/- and in default was sentenced to undergo simple imprisonment for six months.
(2.) The facts relevant to decide the instant case are that on 9.10.2005, at about 10:30 AM, at Naroli, while Dinesh, Subhash, Bhuri Singh and Asha (hereinafter in this judgment shall be referred as "Complainant Party"), were present in their field for harvesting paddy crop, all the accused armed with deadly weapons allegedly came there. Accused Budhi Singh was allegedly armed with Darat while accused Bandna and Anju were armed with one stick each. The accused persons allegedly asked the complainant party as to why they were harvesting the crop, upon which they replied that the land was owned by them and they had sown the paddy crop and they also obtained the stay order from the Court. At this, the accused persons allegedly started giving beatings to the complainant party. Accused Budhia allegedly inflicted Darat blows on the head of Subhash and also inflicted blow on the arm of Dinesh Kumar. Accused Bandna and Anju allegedly gave beatings to Dinesh and Subhash by inflicting stick blows. The occurrence was witnessed by Onkar Singh, Bhoori Singh and Asha and they rescued the complainant party from the accused. Both injured Dinesh and Subhash were taken to PHC Samot where they were medically examined by the Medical Officer on duty. The medical officer also gave information about the injured to the police through telephone, on the basis of which, Rapat was recorded in the Rojnamcha at P.S.Chowari. On receipt of information, HC Karam Chand along with other police officials visited the PHC Samot and recorded the statement of Dinesh Kumar under Section 154 Cr. P.C. , on the basis of which, FIR was recorded against the accused persons. The Medical Officer opined the injuries on the person of Subhash to be grievous in nature and dangerous to life and referred him to Govt. Medical College, Dharamshala. The injuries on the personof Dinesh were found to be simple in nature caused with blunt heavy weapon. The medical officer opined Subhash as unfit to make statement and he was also referred to Dharamshala from where he was also sent to Shimla for opinion. During the investigations, the police visited the spot and prepared site plan. Accused Budhi Singh while in police custody, made a disclosure statement that he had kept concealed one Darat and two sticks and can get them recovered in pursuance of the said disclosure statement made by accused Budhia, Darat and sticks allegedly used by the accused for causing the injuries to the complainant party, were recovered and taken in possession by the police. Blood stained cloths of injured were also taken in possession by the police. Spot photos were also obtained. It was found during the investigations that the accused persons in furtherance of common intention caused injuries to Dinesh and Subhash with an intention or knowledge to commit murder. After the completion of entire formalities, charge sheet against the accused for the commission of offence punishable under Section 307, 323, 188 IPC read with Section 34 IPC was submitted in Court.
(3.) On conclusion of investigations, into the offences, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court concerned.;