STATE OF HIMACHAL PRADESH Vs. DINA NATH

JUDGEMENT

(1.) A challenge has been laid by the State to the judgment of learned Additional Sessions Judge (2), Kangra at Dharmshala in Sessions Case No. 11-K/VII/96, dated 28.10.1997, whereby respondent Dina Nath, who was charged with and tried for offence, under Section 302 of the Indian Penal Code, has been acquitted.

(2.) The case of the prosecution, in a nut-shell, is that on 06.10.1995, at about 5:00 P.M., Bhundu Ram (now deceased), Mast Ram (PW-5) and Khemdi Ram (PW-6) after extracting Alsi oil, were returning home via Baldhar by road and at about 6:00 P.M., all of them sat for taking rest at a place known as Mahrian. In the meantime, accused Dina Nath, son of Bidhi Chand came there, who caught hold of Shri Bhundu Ram from both of his ears and after picking him up threw him forcibly on the ground, and started beating him with ?Hurron Mukkon? (fist blows). He was rescued by PW-5 Mast Ram. Bhundu Ram became unconscious. He reached home at 11:00 P.M. The same night he regained consciousness and told his son PW-4 Surjan Kumar that he was apprehending danger to his life from Dina Nath. He complained of various injuries on his body. He went to the Police Post Nagrota Bagwan to lodge a report with his son about the beatings given to him by the accused. He had given the details, the manner in which he had gone for the extraction of Alsi oil and when he was sitting with Mast Ram (PW-5) and Khemdi Ram (PW-6), he was given beatings by the accused. He was examined in Community Health Centre, Nagrota Bagwan on 07.10.1995. He was examined by Dr. V.P. Sharma (PW-1), who has issued the M.L.C. Ex.PW-1/B. Bhundu Ram died on 08.10.1995. The rukka was sent by Dr. V.P. Sharma to the Incharge of Police Post Nagrota Bagwan. The Police registered the F.I.R., under Section 302 of the Indian Penal Code. The inquest report was prepared and the post-mortem was conducted by PW-2 Dr. D.P. Swami. He issued post-mortem report Ext.-PW 2/D. The matter was investigated and the challan was put up after completing all the codal formalities, under Section 207 of the Code of Criminal Procedure. The accused was charged under Section 302 of the Indian Penal Code.

(3.) Prosecution has examined 11 witnesses. Accused was examined under Section 313 of the Code of Criminal Procedure. He denied his involvement in the death of Bhundu Ram. He was acquitted by the learned trial Court.