STATE OF HIMACHAL PRADESH Vs. RAKSHPAL

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 13.7.1999 delivered by the learned Sessions Judge, Kangra at Dharamshala, H.P. in Sessions Case No. 13-K/VII/99 whereby he acquitted the accused of having committed offences punishable under Sections 302 and 201 of the Indian Penal Code.

(2.) The brief facts of the case are that deceased Sh. Neer Singh had two sons. One son Sh. Jagdish lived at Chandigarh. The other son Rakshpal is the accused who was residing at Dharamshala. The deceased had one house in village Rehloo which he had partitioned between his two sons. The deceased himself was living in that portion of the house which had fallen in the share of the accused. It also stands established from the evidence on record of Smt. Saina Devi (PW-2) was working as a domestic help with the deceased for about two and a half years prior to his death. On 23.8.1998 accused along with one fitter and three other persons came to his house at village Rehloo for the purpose of fitting taps in the house. At about 4.30 p.m. the fitter and the other three workers left the house. At night the deceased slept in the verandah, the accused in the room which had fallen to his share and Smt. Saina Devi (PW-2) in the room which had fallen to the share of Jagdish. It is also not disputed that next morning Sh. Neer Singh was found dead with injuries on his body It is not disputed before us that the deceased had not died a natural death and had been murdered.

(3.) The prosecution version is that the accused and his father had some altercation on 23.8.1998 and at night time the accused murdered his father by beating him to death. The whole case of the prosecution hinges around the statement of Smt. Saina Devi (PW-2) who stated that some time in the night between 9.00 to 11.00 p.m. or later she heard Sh. Neer Singh pleading that somebody should save him. She also heard the accused retorting that deceased Sh. Neer Singh had been able to save himself from Sh. Veenu son of the other brother Jagdish but would not be able to save himself from the accused. According to this witness she was extremely scared and therefore she did not raise an alarm. Next morning she saw the dead body of Sh. Neer Singh and there was blood in the verandah. Accused was in his room. She went out of the house to fetch milk. She met Sh. Lachhman (PW-7) and told him about the occurrence. According to her at about 8.00 or 9.00 a.m. the accused himself went to the village. However before going the accused handed over to her some clothes which were wet and asked her to put out those clothes for drying.