STATE OF H.P. Vs. GIAN CHAND

JUDGEMENT

(1.) The State is in appeal against the judgment, dated 23.3.1998, of the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, H.P., whereby the Respondents, who shall here-in-after be referred to as 'the accused' (in short 'A1', 'A2', 'A3' and 'A4', respectively) were tried for the offence, under Section 302 read with Section 34 of the Indian Penal Code and were ultimately acquitted.

(2.) In brief, the prosecution case is that on 15.9.1992 at 9.00 a.m., the complainant, Shri Mohar singh (PW-1), a member of Gram Panchayat, Karar, accompanied by Shri Khyali Ram (PW-6), Pradhan of the said Gram Panchayat lodged Daily Diary Report (DDR), dated 15.9.1992, Ext. PW1/A with the police at Police Post, Anni, District Kullu to the effect that on the previous day (14.9.1992), he was present at his house, when at about 7.00 p.m., he heard loud noise emanating from the path passing through the village. On this, he and other villagers came out and saw that a verbal duel was going on between Gian Chand, son of Shetu Ram ('A1'), Mohar Lal, son of Shri Shetu Ram ('A2'), residents of Pokhri and Ranjit, son of Paras Ram ('A3'), resident of Tippal and Ghum Dassi 'A4' on the one hand and Salig Ram (the deceased) on the other, regarding Nautor land. At that time, 'A2' Mohar Lal was carrying a DANDA (handle of 'Kudali') and other accused were wielding thick branches of 'Rai'. When the verbal altercation between the accused and the deceased continued for considerable time, 'A2' Mohar Lal armed with the aforesaid DANDA and 'A1' Gian Chand and 'A3' Ranjit, who were armed with the aforesaid branches of 'Rai' led an attack on the deceased. As a result, the deceased suffered injuries on his head and after some time, he breathed his last on the spot. When the villagers after lifting the dead body of the deceased were taking the same to his house, the complainant asked them not to do so.

(3.) According to the complainant, 'A1' Gian chand, 'A2' Mohar Lal and 'A3' Ranjit had attacked the deceased with DANDAS due to land dispute and as a result the deceased had died and the accused had fled away from the spot. The complainant further stated to the police that 'A4' Ghum Dassi had given beatings to the wife of the deceased (PW-5 Smt. Devki Devi) and children with a DANDA. Since he could not come to lodge report on the previous day, as it was already late in the night (Samay Begah Hone Ke Karan), he had come to the Police Post for lodging report. He prayed for action in the matter.