STATE OF H P Vs. RAMESH KUMAR

JUDGEMENT

(1.) State has appealed against the judgment of the Sessions Court, whereby respondent Ramesh Kumar, who was tried for the offence of attempted murder, under Section 307 of the Indian Penal Code, for allegedly attempting to kill his Chacha Kashmir Singh (PW-2) and also for the offence of murder of his wife Maya Devi, on 24th February, 1994, has though been convicted of the offence, under Section 307 of the Indian Penal Code, but acquitted of the offence, under Section 302 of the Indian Penal Code. State seeks conviction of the respondent for offence, under Section 302 of the Indian Penal Code, also.

(2.) Respondent is alleged to have armed himself with a Drat, on 24th February, 1994, in village Dhar, Tehsil Sarkaghat, District Mandi, soon after return from Delhi, where he had been working in a factory and to have publicly proclaimed that he would kill seven persons, including PW-2 Kashmir Singh, his Chacha, and his wife Maya Devi (deceased). Then he advanced towards his Chacha PW-2 Kashmir Singh, in a threatening posture. The latter ran for safety, but was chased. He fell and was attacked with Drat by the respondent. When the respondent was still attacking PW-2 Kashmir Singh, some persons, including PW-6 Sarla, came there. PW-6 Sarla and one man prodded the respondent with a bamboo stick from behind, which distracted the respondent and he ran after PW-6 Sarla and other persons accompanying her. Respondent then picked up a Chorsi from the workshop of a blacksmith and allegedly went to his house where he killed his wife Maya Devi.

(3.) Respondent took the plea of insanity, during the course of trial. Trial Court did not accept his plea. Believing the testimony of Kashmir Singh (PW-2), Sarla (PW-6) and some other witnesses examined by the prosecution, trial Court concluded that the respondent had attempted to murder PW-2 Kashmir Singh and that had Sarla not prodded the respondent with a bamboo stick, he would have probably killed said Kashmir Singh. Consequently, respondent was convicted by the trial Court for offence, under Section 307 of the Indian Penal Code and sentenced to undergo imprisonment for a period of three years and to pay a fine of Rs.2,000/-. However, the respondent has been acquitted of the offence, under Section 302 of the Indian Penal Code, with the fining that there is absolutely no evidence, indicating that the respondent was seen entering or exiting his house armed with Drat and Chorsi in his hands.