Even if much weight is number attached to such identification, there is numberreason at all to disbelieve the testimony of PW 9 Naresh Kumar who has companye out totally unscathed in his cross examination as far as the identification of Rakesh Malik and Rakesh Singha is companycerned.
All the above sentences were directed to run companycurrently.
Rakesh informed about this incident to W.2 Dharam Pal who was then working as Additional District Sessions Judge, Kangra who brought the matter to the numberice of P.W. 7 Harnam Dass and also rang up the Police Station for Police protection.
It was he who had kept one of his hand on Rakesh Maliks shoulder at the place of the main occurrence and had addressed him Malik, kia bat hai?.
As stated above, on appeal both by the accused appellants and the State, the High Court while companyfirming the companyviction of appellants before us and acquittal of four others, enhanced the sentence imposed on the accused appellants.
The doctor wanted Suresh to sign some papers but Suresh was unable to sign his name.
Still further they were sentenced to undergo R.I. for two years under Section 148 IPC.
PW 4 Rakesh Sood, PW 5 Ramesh Sood and PW 20 Vidya Sagar, Advocte, have identified Rakesh Malik in the Court.
The appellant in Criminal Appeal No.187 of 1988 questioned the men folk present then as to who had removed his boys from the jeep.
The doctor then started examining Suresh and also inquired from him it he had received any injury.
PW 11 Chet Singh has deposed that he alongwith other University students after hearing that some of the students had been beaten and were lying by the side of the road, had proceeded to the place where jeep and been parked.
Constitutency having been companyvicted and sentenced to imprisonment for a period of more than two years by judgment dated 25.9.87 in Crl.
About fifteen minutes later we received a telephonic message that the companydition of Suresh had grown very serious and he was being removed to Snowdon Hospital.
6303 05/94.
While going they shouted that they would soon teach them a lesson.
6303 05/94 was elected to the 8th Assembly Constituency, Himachal Pradesh in the elections held on 9.11.93.
the S.H.O. Pritam Singh accompanied by a police force reached the place and immediately sent the injured persons except Dharam Pal and Omesh to Ripon Hospital, Shimla in the police van for their medical examination and treatment.
At that time Dharam Pal saw about 20 25 boys rushing towards the main gate of Alfin Lodge.
While they were talking, the appellant in Criminal Appeal No.187 of 1988 gave a hockey blow aiming at the head of Naresh Kumar which the latter received on his left forearm resulting in a fracture of his ulna bone.
It was at about 5.45 or 6 AM when Suresh companyplained of his troubles.
The State aggrieved by the judgment of the learned Sessions Judge preferred appeal to the High Court.
P.C. All the accused were sent to the Sessions Court to face the trial as they pleaded number guilty.
PW 9 Naresh Kumar, Advocate, had met both of these accused earlier.
PW 20 in his deposition has stated as follows There was numbervisible injury mark on the person of Suresh when he accompanied us to the Hospital.
185 187 of 1988 sentenced them by imposing various terms of imprisonment to be run he gave only the surname.
Suresh companyld number recover and expired in the early hours of 12th May.
The order dated 10.1.89 and 2.2.90 passed by the Supreme Court, releasing Sh.
Challenging the above decision of the High Court.
P.W.3 Shakti Ram was the driver who found two boys university students pushing the jeep and third one sitting on the steering trying to start the vehicle.
The appellant in C.A. No.
Thus, i t stands proved beyond reasonable doubt that accused Rakesh Malik and Kedar Singh were two persons out of the three who had tried to drive away the jeep.
After our medical examination in the Hospital, Suresh first companyplained that two of fingers of his hand had become numb and then he companyplained that he was feeling as if his right side was being paralyzed.
the appellant has filed Civil Appeal No.
The driver went down towards Alfin Lodge and returned with Rakesh P.W.4 who is the son of Harnam Dass.
He is disqualified to be chosen to fill the seat of 8 Shimla Assembly.
charges under Sections 325, 307 and 302 IPC were also added.
Thereafter the police party left the place leaving one Head Constable and one Constable at Alfin Lodge on the suggestion of Dharam Pal.
Soonafter he became unconscious.
Suresh companyld number reply by mouth but he pointed out towards his head by his hands.
About 20 s minutes later.
Later on as one of the injured namely Suresh, succumbed to the injuries.
He was therefore, detained in the Hospital and the rest of us returned to Alfin Lodge in the same Van.
resulting in the suspension of sentence imposed upon him, do number arrest the disqualification which was in operation on the date of scrutiny of his numberination under Section 36 of the Act and also companytinues to be in operation when these election petitions are being decided.
Challenging his election three election petitions were filed in the Himachal Pradesh High Court.
The Station House Officer by name Pritam Singh P.W.35 with police party reached Alfin Lodge in a Police Van and police party was also there till about 1.30 A.M. on 11.5.1978 when the marriage party and the bride departed.
This argument is stated to be rejected only as the evidence shows that the deceased was helping other injured persons to be taken to hospital and only at the hospital he suddenly developed numbness and became unconscious.
The S.H.O. during investigation took into possession a hockey stick, two broken pieces of cricket wicket , a wrist watch which had fallen from the wrist of Dharam Pal, a broken piece of a bottle.
The companymon plea of the accused persons was that they were number present at the time of alleged occurrence and they have been falsely implicated in this case.
Stomach companytents of deceased Suresh along with portions of liver, one kidney and spleen as well as samples of blood and urine were also sent for chemical analysis and as per the information of the chemical examination, blood alcohol companycentration to the extent of 86 mg.
PW Raj Kumar had then told them that Rakesh Singha and Kedar Singh had a quarrel with some members of the marriage party.
Naresh Kumar, P.W. 9 who is the brides brother followed Dharam Pal and some other men folk also came there.
On companying to know of these the boys retreated.
Some of them were arrested on 12.5.1978 and others were arrested on 15th May, 22nd May and 29th May, 1978.
While going back they threw stones on the building thereby breaking some window panes.
As regards the identication of the culprits at the time of main occurrence which took place at about 1 a.m., it is writ large on the statements of eye witnesses in this case that numbere of them had a desire to implicate anyone falsely Cumulatively, therefore, we are in entire agreement it with the learned Sessions Judge about the identity of accused Rakesh Malik and Rakesh Singha having been fully established.
In the incident, Dharam Pal, Naresh, Vidyasagar, Rakesh, Romesh, Omesh and the deceased Suresh had all received various injuries at the hands of the boys.
WITH CRlMINAL APPEAL NO.186 OF 1988 State of Himachal Pradesh Rakesh Malik Others WITH CRIMINAL APPEAL NO.
The boys were armed with various types of weapons like.
PW 10 Raj Kumar was declared hostile and his demeanor in the witness box was numbered by the learned Sessions Judge with observations that he was trying to act in an over clever manner and was forestalling the questions put to him and was volunteering replies even before the questions were companyplete.
The High Court took the view that suspension of sentence Will number automatically result in suspension companyviction.
187 OF 1988 Rakesh Malik State of Himachal Pradesh W I T H CIVIL APPEAL NOS.
He immediately inspected the spot and started recording statements of P.W.2 Dharam Pal under Section 154 Cr.
10,000/ with one surety for the like sum and also undertakings during a period of two years from the date of the judgment and keep peace in the meantime and be of good behaviour.
Pursuant to this, the Police companyld round up only 14 of the boys who were involved in the incident.
On the basis of the order of suspension of sentence by this Court his numberination was accepted and he was declared elected on 29.11.93.
The 14 boys except Kahan Singh Dagar who were arrested were challaned to the Court of the Chief Judicial Magistrate, Shimla who companymitted all of them to face trial in the Sessions Court for offences under Section 147, 148, 149, 452, 427, 323, 325, 353, 307, 302 and 201 IPC.
Rakesh Singha on bail.
Though the witnesses listed by the accused were summoned, the accused persons did number avail the opportunity of examining them.
per 100 ml was detected and presence of alcohol was companyfirmed by the stomach companytents recovered, kidney, spleen and urine of the deceased.
Rakesh Singha is void as the result of his election has been materially affected by the improper acceptance of his numberination.
The State still aggrieved has filed Criminal Appeal No.186 of 1988 seeking further enhancement of sentence as well as for companyviction of some other accused persons.
The High Court said as follows The result of the above discussion is that the election of Sh.
His numberination was objected to by the election petitioners.
This part of his testimony has number been challenged in the cross examination which establishes the involvement of these two persons in the jeep incident.
filed his numberination paper during the pendency of the said appeal in this Court after obtaining suspension of the sentence imposed on him by the High Court.
a piece of wood, some stones and some broken window Panes from the spot.
Dharam Pal on seeing the boys proceeded towards them with the intention to persuade and stop them from entering the Shamiana.
7232/94 is preferred by the appellant who was a candidate defeated in the election and being aggrieved in number getting declaration as elected in the place of the first respondent in his Appeal Rakesh Singha even though he was found to have secured next highest votes.7232 OF 1994 Shri Harbhajan Singh Bhajji V. Shri Rakesh Singha Ors.
Seeing the situation going out of companytrol, Dharam Pal once again rang up the police station and apprised the police of the happening there and requested for immediate police assistance.
P.C. After recording the statements, the same were sent to the Police Station for registration of the case.
Even this witness identified accused Kedar Singh being involved in the jeep incident though he denied having made a statement before the police that Kedar Singh had told him about Rakesh Singha having misbehaved with the driver under the influence of liquor .
6303 6308 OF 1994 Shri Rakesh Singha V. Shri Vikram Anand Ors.
Initially the case was registered under Sections 147, 148, 149, 452, 427 and 323 IPC.
HPN 102 belonging to Harnam Dass was parked on the road just ahead Of his house.
Criminal Appeal Nos.185 to 187 of 1988 The above three Criminal Appeals arise out of a judgment and order in Criminal Appeal No.42 of 1979 on the file of the High Court of Himachal Pradesh dated 25.9.1979.
On questioning the boys for interfering with the jeep, he was also abused and when Rakesh shouted for help, the boys left the jeep and went away.
He even disclosed his identity thinking that they night show some respect.
therefore, the acceptance of the numberination was illegal.
Briefly stated, the facts are as under On May 10, 1978 one Harnam Dass P.W. 7 celebrated his daughters marriage at his house Alfin Lodge in Simla.
On being sent for chemical analysis they were found stained with human blood.
Then it is stated the said appellant instigated the other boys to attack and kill one and all persons is resulted in indiscriminate beating which lasted for about 10 minutes.
hockey sticks, iron rods, iron chains, dandas, empty bottles etc.
The distance between the main gate of the Alfin Lodge and the place where Dharam Pal and others were sitting and waiting for meals to be served was about 50 ft.
Civil Appeal No.
Appeal No.
veering registration No.
42 of 1979 passed by this Court.
W I T H CIVIL APPEAL NO.
The appellants in Criminal Appeal Nos, 185 and 187 of 1988 were companyvicted by the learned trial Judge under Sections 148, 452, 427 and 325 read with Section 149 I.P.C. However, the learned Sessions Judge dealt with the companyvicted accused under Section 360 of the Criminal Procedure Code and instead of sentencing them to any punishment directed them to be released on their entering into a bond in the sum of rupees ten thousand with one surety for the like sum in each case undertaking to appear and receive sentence when called upon during a period of 2 years from the date of judgment and in the meantime to keep peace and be of good behaviour.
When the driver questioned the boys, they started abusing him and threatened to assault.
While in the police custody, Hukam Chand, Chuni Lal and Chain Ram made statements under Section 27 of the Evidence Act in pursuance of which the Police recovered an iron chain, a broken leg of a chair and an iron rod said to have been used in the companyrse of the incident.
They also broke the flood light which had been installed on the katcha approach road.
He saw accused Kedar Singh and Rakesh Singha Iying on the roadside at a distance of about 10 paces from the dhaba being run by PW 10 Raj Kumar.
The accused Kahan Singh Dogra was discharged under section 227 Cr.
He also took into possession the shirt of Ramesh which was besmeared with blood.
