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2016 Supreme(HP) 223

RAJIV SHARMA
Khayali Ram – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Petitioners:Mr. Subhash Sharma, Advocate.
For the Respondents:Mr. Parmod Thakur, Addl. A.G. with Mr. Neeraj K. Sharma, Dy. A.G. for respondent No.1.

JUDGMENT :

Rajiv Sharma, J.

Present petition has been filed under section 482 of the Code of Criminal Procedure for quashing of FIR No. 236 dated 5.11.2014 registered at Police Station, Ghumarwin, District Bilaspur, H.P. under sections 451, 447, 323 and 34 of the Indian Penal Code and proceedings pending before the learned Judicial Magistrate, 1st Class, Court No.3, Ghumarwin.

2. “Key facts” necessary for the adjudication of this petition are that petitioner No.1 and respondent-2- complainant are neighbours. On 5.11.2014 in the morning at about 10.00 A.M., respondent-2 complainant and deceased had advised Khayali Ram and his family members to construct pillars in their own land as they were trying to raise pillar in his land (complainant’s land). Deceased raised objection of pillar being raised by the petitioners on his land. Complainant and his family members saw Vinod Kumar, Sunil Kumar, Amarati Devi and Khyali Ram quarreling with the deceased. Vinod Kumar had given danda blows on the chest of deceased Brahm Dass while Sunil Kumar, Khyali Ram and Amarati Devi had also attacked him. Brahm Dass was taken to hospital where he was declared brought dead. On the basis of statement of resp











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