STATE OF H.P. Vs. ASHOK KUMAR

JUDGEMENT

(1.) ON 12.8.1994, Ashok Kumar (accused) is alleged to have given beatings to Sh. Dhanvir Singh who died due to the same on 14.8.1994. In Sessions Case No. 20 -D/VII -1995, the accused was charged for having committed an offence punishable under Section 302 IPC, in which he was acquitted by the learned Sessions Judge, Kangra at Dharamshala, H.P., in terms of judgment dated 18.10.1995. The State's appeal filed

(2.) IT is the case of the prosecution that Sh. Dhanvir Singh, resident of Sarad Bammi worked as a labourer. On 12.8.1994 at about 10.00 p.m., he came to the shop of Shri Ashok Kumar brother of Shri Jeewan Kumar (PW -5),which is at a place called Kaloa. Undisputedly, village Kaloa has few shops and is situated on the National Highway where there is traffic at all times. On the request of Sh. Dhanvir Singh, PW -5 allowed him to sleep on the cot in the shop and spend the night there. At about 10.30/11.0 p.m., while Sh. Dhanvir Singh was sleeping, accused came and started giving beatings to him. The altercation ensued between the two and upon being pushed by the accused, Sh. Dhanvir Singh fell flat on the ground. Thereafter, the accused jumped 2 -3 times on his chest and also gave blows with kicks. PW -5 tried to intervene but accused pushed him and also threatened him of dire consequences. Thereafter, accused made Sh. Dhanvir Singh lie on the bench outside the "Khokha" (shack) of Sh. Dev Raj and left the spot. The following morning, Sh. Dhanvir Singh called for PW -5, who offered him water and milk but could not drink the same. At about 10.30 a.m., Sh. Madan Lal (PW -7), a Registered Medical Practitioner and Sh. Madan Lal (PW -10), a Tailor Master (the witnesses having similar names are different persons), who had their shops at Kaloa came and found Sh. Dhanvir Singh sitting on the Bench outside the shop of PW -10. He narrated the entire incident to them.

(3.) WITH the completion of the investigation, challan was presented in the Court 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.