STATE OF HP Vs. BHAGAT RAM

JUDGEMENT

(1.) For an offence, which is alleged to have been committed in the night intervening 3rd and 4th April, 1998, accused was put to trial. In terms of judgment dated 17.2.1999 passed by learned Sessions Judge, Shimla, in Sessions Trial No.39-S/7 of 98, titled as State of H.P. vs. Bhagat Ram, accused stands acquitted of the charged offence.

(2.) It is the case of the prosecution that Smt. Dhuri, mother of the accused Bhagat Ram had settled with the deceased Roshan Lal as his wife in village Sethabal (Ratwari). For this reason accused nursed a grouse against Sh. Roshan Lal. In the night intervening 3rd and 4th April, 1998, Smt. Dhiru, Sh. Roshan Lal and the accused together consumed liquor in the house of the deceased. In the morning of 4th April, 1998 dead body of Sh. Roshan Lal was spotted in the orchard of one Sh. Ramesh Chand. This place was at a distance of 50 yards from the village. Smt. Sheela Rathore (PW-2) Pradhan of the Panchayat was informed about the same. Upon reaching the spot she found several persons present there. Sh. Bhawani Dutt (PW-1) asked her to report the matter to the police. Accordingly both she & PW-1 proceeded to the Police Station at Chopal. On their way they met SHO Bidhi Singh (PW-6) with whom report (Ext.PA) was lodged. On the basis of the same, FIR No. 35/98 dated 4.4.1998 under Section 302 IPC (Ext.PJ) was registered with Police Station, Chopal. PW-6 himself visited the spot along with PW-1 & PW-2 and conducted the investigation. Inquest report (Ext.PB) was prepared and the blood stained earth at the place where the dead body was lying was taken into possession vide memo Ext.PC. The accused was arrested at the spot and during interrogation he made statement (Ext.PD) to the effect that he had hidden an Adze (weapon of offence) in the field of Sh. Ramesh Chauhan and could get the same recovered. On the basis of the said statement Adze (Ext.P1) was recovered from the spot and taken into possession vide recovery memo (Ext.PE). The same was sealed with seal `A'. At the time of arrest the accused was wearing shirt (Ext.P-3) and pant (Ext.P-2) which was stained with blood. The same was also taken into possession vide memo Ext.PM and marked with seal `X'. The clothes worn by the deceased were also taken into possession and sealed. With the completion of the investigation at the spot the dead body was sent for post mortem which was conducted by Dr. S. P. Singh (PW-7). Blood stained clothes and the adze were sent for chemical examination and the report (Ext.PN) of the Chemical Examiner was also obtained.

(3.) With the completion of the investigation, challan was presented in the Court for trial and the accused was charged for having committed an offence punishable under Section 302 IPC, to which he did not plead guilty and claimed trial. In order to prove its case prosecution examined 9 witnesses. Statement of the accused under Section 313 Cr.PC was also recorded.