STATE OF HIMACHAL PRADESH Vs. GOPAL SINGH

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 30.5.1997, accused was put to trial. In terms of judgment dated 31.3.2000, passed by learned Additional Sessions Judge, Shimla, in titled as State of H.P. v. Gopal Singh, Sessions Trial No. 2 of 1999, accused stands acquitted of the charged offence.

(2.) IT is the case of the prosecution that Shri Raflu Ram (since deceased) was residing in Village Punan. On 29.5.1997 at about 6 p.m. Sunil Kumar (PW -4) son of Raflu Ram was on his way to the village fair price shop in village Punan. Accused who are related to Raflu Ram, without any rhyme or reason picked up a quarrel with Sunil Kumar Accused threatened him and proclaimed that he would set him on fire in the village cremation ground Sunil Kumar could not go to the shop and consequently returned home and narrated the incident to his father. In the morning of 30.5.1997 Shri Keshav Ram (PW -1) and Shri Kamlu Ram (PW -2) had come to the house of Raflu Ram. At that time Smt. Rupi Devi wife of Raflu Ram and their daughter Beena Devi had gone to the fields and Sunil Kumar (PW -4) alongwith other children had gone to attend the school. Same day at about 9.30 a.m. accused was taking his cattle for grazing through the village path. On way, Raflu Ram confronted him with the incident which took place on the previous evening. This resulted into Scuffle between the two. Accused pushed Raflu Ram and then gave him a blow of axe on the chest. At that moment Keshav Ram (PW -1) appeared at the spot and managed to rescue Raflu Ram from the clutches of the accused. While fleeing from the spot accused dropped the axe (Ext.P -1). PW -1 brought Raflu Ram to the house where he breathed his last. In the meanwhile Kamlu Ram (PW -2) saw accused running away from the spot. While Rupi Devi 3 returned from the fields she was informed of the incident and then she lodged report (Ext.PD) with the police on the basis of which FIR No. 136 (Ext PE) dated 31.5.1997 was registered at Police Station, Rampur, under Section 302, IPC. Inquest report (Ext.PK) was prepared and post -mortem was got conducted through Dr.Puneet Mahajan (PW -12), who issued post mortem report (Ext.PP). On further examination cause of death was opined to be 'an acute myocardial infarction leading to sudden cardiac failure'. The weapon of offence i.e. axe (Kharatu) (Ext.P -1) was taken into possession by the police vide memo (Ext.PA). Other necessary formalities were completed and with the completion of investigation challan was presented in the Court for trial.

(3.) IN order to prove its case prosecution examined 12 witnesses and the statement of the accused under Section 313, Code of Criminal Procedure was also recorded in which the accused took the following defence: