STATE OF HP Vs. GALO RAM

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 30.11.1995 delivered by the learned Sessions Judge, Chamba, in Sessions Case No. 4 of 1995, whereby the accused was acquitted of having committed an offence punishable under Section 304 Part-I of the Indian Penal Code.

(2.) On 18.9.1993, statement of Smt. Leela wife of Sh. Dhyan Chand was recorded under Section 154 Cr.PC which forms the basis of this case. In this statement Leela had stated that on 17.9.1993 at about 2.30 a.m., she heard some noise Whether reporters of Local Papers may be allowed to see the judgment? Yes and went outside her house. She saw that Tilak, son of Teko and accused Galo Ram, son of Paras Ram were scuffling with each other in the Verandah of the house of Galo Ram. She tried to separate the two of them but was not successful. She then woke up Ratto who is her neighbour. In the meantime, accused Galo Ram had pushed Tilak on the ground. Tilak was desperately trying to escape from the clutches of the accused. She and Ratto managed to separate the accused and Tilak with great difficulty. Later she came to know that Galo Ram, Tilak (deceased), Ratto and Faini had consumed liquor in the house of Galo Ram. Thereafter, Ratto and Faini went to their respective houses and Tilak and Galo Ram started talking with each other. Both were totally drunk. Then Tilak (deceased) in a state of intoxication left for his own house but kept on abusing the accused. On hearing abuses Galo Ram rushed behind Tilak and caught him and pulled him back into the verandah and pushed him on to the ground and started beating Tilak. Then she and Ratto with great difficulty managed to separate the two.

(3.) The accident took place on 17.9.1993 and the statement of Smt. Leela under Section 154 Cr.PC was recorded on 18.9.1993. Tilak was taken to the hospital in an injured condition and it was found that he had sustained fracture of the skull. The X-ray was conducted on 25.9.1993. PW-2 Dr. Jaswant Singh states that on 16.9.1993 at about 10 a.m., he examined Tilak son of Sh. Tek Chand on the request of the police which was received later at 12.45 p.m. on 17.9.1993. He issued MLC (Ext.PB) which is dated 16.9.1993 at 10.00 a.m. He suggested that the X-ray of the skull be got done and a reference for getting X-ray was made on the same date. Report of the Radiologist (PW-1) is dated 25.9.1993 and according to this report fracture was found of the skull. Deceased Tilak expired on 3.10.1993 at 2.00 a.m. and post mortem of his body was conducted on 3.10.1993 at 3.45 p.m. PW-5 Dr. Parveen Bhardwaj, who conducted the post mortem opined that the cause of death was head injury and this injury is possible in case a person falls from a height of 3 to 4 feet.