STATE OF H.P. Vs. NARENDER KUMAR

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 12.4.1995 delivered by the learned Sessions Judge, Kangra at Dharamshala in Sessions Trial No. 1 of 1995 whereby the accused was acquitted of having committed an offence punishable under Section 302 of the Indian Penal Code.

(2.) The deceased Kuldip Chand as well as accused Narender Kumar were neighbours residing in village Harsar falling within the jurisdiction of Police Station, Jawali. The prosecution story is that on 27.7.1994 the accused pelted stones at a mango tree. The deceased took objection to the action of the accused on the ground that the mango tree belongs to him (the deceased) and that even if mangos have to be plucked they should be plucked in a proper manner and not by throwing stones. The dispute continued for the whole day. At about 9/9.15 p.m. the accused and the deceased quarrelled again with each other with regard to this mango tree. On hearing these arguments PW-4 Narain Dass, who is a neighbour, PW-5 Rajinder Kumar, brother of the deceased and some other persons gathered and pacified both sides. The accused went to his house. The deceased Kuldip Kumar, Narain Dass, Ram Kumar and Rajinder Kumar kept sitting in the verandah of the house of the deceased. They had hardly talked for about 10-15 minutes when the accused came there and started abusing the deceased. The deceased on hearing the abuses went to the courtyard and they both started quarrelling with each other. Before the others could intervene the accused inflicted a blow with a knife in the abdomen of the deceased. PW-4 caught hold of the accused from behind and PW-5 Rajinder managed to snatch the knife from the hand of the accused. During this process the accused fled away from the spot. Thereafter, a doctor was called, on whose advice the deceased was taken to the hospital at Jawali where he was medically examined. After giving first aid the Medical Officer at Jawali advised that the deceased be taken to the hospital at Nurpur. PW-5 brother of the deceased and some other villagers went to Nurpur Hospital. At Nurpur Hospital, the deceased was found to have been brought dead. Report had been lodged in the meantime with the police. The police came to the spot and knife Ext. P-1 which was used to stab the victim was handed over to the police by PW-5. Thereafter, the police carried out other investigation. The earth and knife collected from the spot were sent for chemical examination. After completion of investigation report under Section 173 was filed against the accused. The case was committed to the Court of Sessions and thereafter the accused charged with having committed the murder of the deceased. The accused pleaded not guilty and claimed trial. After trial he has been acquitted. Hence, the present appeal by the State.

(3.) We have heard Shri Vivek Singh Thakur, learned Additional Advocate General for the State and Shri Rajiv Sood, learned Counsel for the accused.