STATE OF H P Vs. BAKSHI RAM

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 31.12.1997, accused were put to trial. In terms of judgment dated 8.4.1999 passed by the learned Sessions Judge, Kangra at Dharamshala, in Sessions Case No. 21-K/VII/98 titled as State of H.P. vs. Bakshi Ram & Ors., the accused stand acquitted of the charged offence.

(2.) As per the case of the prosecution Sh. Birbal was residing with his mother Smt. Misro Devi (PW-4), daughter Subhadra Devi (PW-3) aged 15 years and son Sandeep Kumar (PW-5) aged 11 years in village Ghiana Kalan, Distt. Kangra. Whether reporters of Local Papers may be allowed to see the judgment? Accused No.3 Gorkhu Ram is real brother of accused No.1 Bakshi Ram. They both are cousin of Sh. Birbal. Accused No.2 Shiv Charan and accused No.4 Ran Singh are sons of A-1. Accused also reside in village Ghiana Kalan. They have their houses adjoining to each other. Sh. Birbal was employed as a Gardener at Yol Camp, Kangra. He used to daily go from his house for his job. On account of boundary dispute relations between Birbal and accused were strained. On 31.12.1997 at about 5.30 p.m. Sh. Birbal was coming down from the stairs on the backside of his house when the accused came there. A-1 had a "saria" (iron rod), A-2 had an axe and A-3 & A-4 were holding dandas in their hands. Without any provocation A-2 hit Birbal on his head with an axe and A-1 gave a blow with "saria". A-3 & A-4 gave blows with dandas. Thereafter accused dragged Birbal to an open space where again they gave him beatings. Hearing cries of Sh. Birbal, his daughter PW-3 and mother PW-4 came at the spot. Both intervened to save him. Accused pushed PW-4 as a result of which she fell on the ground and sustained injuries. Accused also gave her blows of dandas. The incident was witnessed by PW-5. While fleeing from the spot A-2 left his shawl (Ext.P-12) at the spot which was collected by PW-3. At about 6.00 p.m., PW-3 & PW-4 took Sh. Birbal inside the house, where due to excessive bleeding he succumbed to his injuries. The matter could not be reported to the police for the reason that the family had no adult male member in the house and telephone in the village was not working. Consequently, the following morning i.e. 1.1.1998, Pradhan Kuldeep Kumar (PW-11) was informed of the incident, who in turn telephonically gave information at Police Post, Gagal, where Daily Diary entry (Ext.PW-15/A) was recorded at 10.30 a.m. by C. Shamsher Singh (PW-15). Police machinery was put into motion. After visiting the spot ASI Ramesh Chand (PW-18) recorded statement (Ext.PW-3/A) of Subhadra Devi (PW-3) and based thereupon F.I.R. No.5/98 dated 1.1.1998 under Sections 302, 323, 34 IPC (Ext.PW-17/B) was registered with Police Station, Kangra at 2.30 p.m. Photographs were taken at the spot by Sh. Parmodh Singh (PW- 7). Investigating Officer prepared inquest report (Ext.PW-1/B) and sent the dead body through Constables Madan Lal and Hoshiar Singh for post mortem which was conducted by Dr. B. C. Khanna (PW-1), who gave his report (Ext.PW-1/C). At the spot PW-3 handed over shawl (Ext.P12) which was taken into possession vide memo (Ext.PW-3/B). Samples of blood stained earth (Ext.P-16) were taken into possession. Spot map (Ext.PW- 18/A) was prepared at the spot and clothes belonging to the deceased (Ext.P1 to Ext.P7) were also taken into possession by the police. A-3 was arrested on 4.1.1998 and in the presence of Sh. Prem Singh (PW-9) and Sh. Roshan Lal he made disclosure statement (Ext.PW-9/A) which led to the recovery of danda (Ext.P-10) from the roof of his cowshed. The same was taken into possession vide memo (Ext.PW-10/A) dated 4.1.1998. A-1 and A-4 were arrested on 6.1.1998. A-2 made disclosure statement (Ext.PW-9/B) dated 7.1.1998 in the presence of Sh. Prem Singh (PW-9) which led to recovery of an axe (Ext.P8), iron rod (saria) (Ext.P9) and danda (Ext.P11) from his house in the presence of Nirmal Singh (PW-10). Clothes were also recovered from there. They were taken into possession vide memos Ext.PW-10/B and Ext.PW-10/C respectively. Clothes were stained with blood. Statements of the witnesses were recorded at the spot. Blood stained sealed samples were sent for chemical analysis and as per report of the Laboratory (Ext.PX), human blood was found on the same. PW-4 was examined by Dr. Anuradha Sharma (PW-2) who opined that injuries suffered by her to be simple in nature. With the completion of investigation challan was presented in the Court for trial.

(3.) Accused were charged for having committed offences punishable under Sections 302, 323 & 34 IPC, to which they did not plead guilty and claimed trial. In order to prove its case prosecution examined 18 witnesses. Statements of the accused under Section 313 Cr.PC were also recorded. Accused took almost a similar defence and the one taken by A-2 reads as under:-