STATE Vs. PRAMOD KUMAR

JUDGEMENT

(1.) This Government Appeal preferred by the State under Section 378(3) of Cr.P.C. is directed against the judgment and order dated 20.03.1998 passed by 1st Additional Sessions Judge, Haridwar, in Sessions Trial No. 37 of 1995, State versus Pramod Kumar and others, whereby accused-respondents have been acquitted of the charge of offence punishable under Sections 302/34 and 506 I.P.C.

(2.) Prosecution story in brief is that prior to the date of incident i.e. 30.10.1994 deceased Ramdas had a quarrel with accused persons with regard to dispute of boundary wall of his house and accused persons wanted to forcibly take over the possession over the property of deceased Ramdas and for this reason accused persons wanted to kill Ramdas. On 30.10.1994 at 5.30 a.m. in the morning, deceased Ramdas, along with Ilam Singh (PW-4) and Mahesh, had gone to answer the call of nature. According to PW-3 Vinod Kumar Pal (son of the deceased), he himself and his mother PW-5 Smt. Ilamwati (wife of deceased) were giving grass to the cattle at that time. At about 5.45 a.m. they heard sound of firing a gunshot from the side of hill. At this, when they came out and saw towards hill, they saw accused Pramod having country made pistol in his hands, along with accused Harpal and Shobharam, running away towards hill. Mahesh and Ilam Singh (PW-4) while shouting were chasing the accused persons. Accused Shobharam and Harpal were saying that he (deceased) is the bone of contention and kill him. At this, accused Pramod fired at Ram Das with country-made pistol, due to which Ram Das died and he was lying dead by the side of way near hill. This incident was also seen by PW-3 Vinod Kumar Pal and other villagers. According to PW-3, his father Ram Das sustained firearm injury on his right temple (Kanpati) and blood was oozing from left side of his neck. The F.I.R. (Ext.9) of this incident was got scribed by PW-3 Vinod Kumar Pal through Subhash Chandra on 30.10.1994 at 7.45 a.m. and on the basis thereof, Head Moharrir Vikram Singh (PW-1) registered the case as Crime No. 183 of 1994 under Section 302/506. Chick F.I.R. (Ext.Ka.1) was recorded and entry to this effect was made in General Diary (Ext.2). The investigation of the case was taken up by PW-2 Ishwari Dutt Joshi, who inspected the place of occurrence and prepared the panchnama (Ext.Ka.3). The investigating officer took in his possession bloodstained earth and simple earth (Exts.4 and 5), Arandi wood, sleeper and bottle (Ext.1 to 3) and prepared its recovery memo (Ext.Ka.4). The autopsy on the dead body of deceased Ramdas was conducted by Dr. Rameshwar Prasad (PW-6) on 30.10.1994, who found as many as four ante mortem injuries on the person of deceased. The investigating officer having completed the formalities of the investigation submitted charge sheet (Ext.Ka.12) against the accused persons.

(3.) After submission of the charge sheet accused- respondent was committed to the court of Sessions and the learned Sessions Judge after hearing the parties framed charge of offence punishable under Sections 302/34 and 506 I.P.C. against accused- respondents. The accused pleaded not guilty and claimed to be tried.