STATE OF HIMACHAL PRADESH Vs. BHILHAM RAM

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 21.11.1993, accused were put to trial. In terms of judgment dated 12.11.1998 passed by learned Additional Sessions Judge, Mandi, H.P., in Criminal Case No. 19 of 1994 titled as. State of H.P. v. Bhikham Ram and Ors. the accused stand acquitted of the charged offence.

(2.) It is the case of the prosecution that on 22.11.1993, FIR (Ext.PWM/A) was registered with Police Station, Balh, under Section 302 read with Section 34, IPC. The said FIR was registered on the complaint lodged by Shri Raju (PW-1). As per the complaint, on 21.11.1993 at about 8.30 p.m. Raju noticed his brother Shri Narinder standing on the threshing floor on his house in Village Seri. Accused persons were using foul language against him. Accused persons were objecting to Narinder visiting their house at night and troubling accused Jogindra. After some time he saw the accused persons giving beatings to Narinder With sticks and fist blows. Accused Sadhu Ram gave blows with a chopper. He noticed Narinder lying flat on the floor and accused switch off the light and go inside their house. Raju himself was caught by accused Bhikham Ram and Sadhu Ram, but, somehow he managed to escape from their clutches and run away. Thereafter he went to the house of the Pradhan and UP-Pradhan of the area, who refused to interfere in the matter. The following morning dead body of Narinder was found lying in a pool of blood on the slab of the house of the accused.

(3.) With the registration of FIR, police commenced investigation. It so revealed that on 21.11.1993 at about 8 - 8.30 p.m. accused persons were using foul language against Narinder to which he objected. The accused persons dragged Narinder from his threshing floor where he was standing to the slab of their house, which is situated on the upper side of thrashing floor. There, all the accused persons gave beatings with sticks, sharp edged weapon and fist blows. In the morning dead body of Narinder was found on the slab of the house owned by accused Ram Ditta.