STATE OF HP Vs. ASHOK KUMAR ALIAS NIBI

JUDGEMENT

(1.) The present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment and order dated 04.08.1998, passed by learned Sessions Judge, Mandi, District Mandi, Himachal Pradesh, in Sessions Trial No. 22 of 1996, acquitting the alleged accused under Section 302 and 201 read with Section 34 of the Indian Penal Code.

(2.) The prosecution case is that one Devi Ram, resident Whether reporters of Local Papers may be allowed to see the judgment? of Salphar Hatli in Tehsil Sarkaghat was tractor driver. He was employed with Shri Bansi Ram, Pradhan of Panchayat Derehan. On 06.03.1995, Devi Ram (deceased) came to the hotel of accused-respondent, Ashok Kumar at Bhambla, where he alongwith others took liquor and danced to the tune of music played on the tape recorder and had died on 06.03.1995. On the next morning his dead body was found in Seer Khad. The dead body was identified by his widow, Prem Devi (PW-2) and his brother Nika Ram (PW-3) and was sent for post-mortem examination by ASI Raghunath (PW-17). Dr. R.S. Jambal (PW-10) after conducting the post-mortem examination on 08.03.1995 found several injuries on the person of the deceased, consequent upon which Devi Ram (deceased) had succumbed to the injuries and was said to have died due to acute subdural haemorrhage and respiratory failure with other ante mortem injuries contributing to death. The FIR was lodged and after completion of the investigation the case was committed to the Sessions Court.

(3.) In order to prove its case, prosecution examined as many as nineteen witnesses, whereas, accused through his statement under Section 313 Cr.P.C. denied the prosecution case.