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2009 Supreme(HP) 652

DEEPAK GUPTA, SURINDER SINGH
STATE OF H. P. – Appellant
Versus
SANTOSH – Respondent


Advocates Appeared:
For the appellant:Mr. Vikas Rathore, Deputy Advocate General.
For the respondents:Mr. G.C. Gupta, Senior Advocate with Mr. Ashish Jamalta, Advocate.

JUDGMENT

Surinder Singh, J.-The respondents were tried and acquitted by the learned trial court in Sessions trial No.02-NL/7 of 1993, decided on 13.6.1994, under Sections 302, 325, 323 read with Section 34 of the Indian Penal Code.

2. Both the parties i.e. the complainant and the respondents are residents of the same village and were residing in the close vicinity. Precisely, the respondents were put on trial, on the allegations that on 11.10.1992, at about 6.30 p.m., PW1 Bhagwan Dass after returning from his work, took his meals at about 8.20 p.m. The accused respondent Ram Lal along with his wife Premi Devi asked him as to why he had removed the grass from their land and started hurling abuses. On hearing their cries, Basant Ram (deceased) came out from his house and asked about the cause of their quarrelling. When Basant Ram was climbing the stairs of the house of Bhagwan Dass, respondent Santosh s/o Ram Lal allegedly dealt a danda blow on his head, consequently, he fell down. Simultaneously, respondent Ram Partap gave a blow of danda on him. Thereafter all the respondents dragged Basant Ram towards their house. PW1 Bhagwan Dass tried to rescue and relieve Basant Ram from their




































































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