STATE OF HIMACHAL PRADESH Vs. DINU RAM

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 14.3.1997 of the learned Sessions Judge, Kangra, whereby respondents who were tried for offence under section 302 read with section 34 of the Indian Penal Code, have been acquitted.

(2.) The prosecution case, as per material on record, may be summed up thus. Deceased Rattan Chand and the respondents are residents of the same village i.e. village Bhadher, Tehsil Baijnath, District Kangra. It appears that the deceased was related to respondent Dinu Ram. On 1.7.1995, respondent-Dinu Ram is alleged to have taken deceased Rattan Chand from latter's house to his own house and from there to the house of second respondent-Naukar Ram. There, they alongwith PW-2 Bhikham Ram started consuming liquor. In the course of drinking bout, deceased Rattan Chand and respondent Dinu Ram happened to exchange hot words upon which respondent-Dinu Ram pushed deceased Rattan Chand and then respondent-Naukar Ram picked up a stone lying in the house and hit deceased Rattan Chand on his head with a great deal of force. Respondent-Dinu Ram also hit the deceased with very same piece of stone on the head. Deceased was then carried by both the respondents to a Khud. It was thrown into the Khud. PW-2 Bhikham Ram followed them. Respondents threatened him that in case he informed anybody about the killing of deceased Rattan Chand, he would also meet the same fate.

(3.) The dead body was spotted by a lady named Jhinjri Devi on 3.7.1995 in the evening. Police was informed on the same day. Police visited the spot and conducted inquest. Inquest report is Ex. PW-13/A. The dead body was taken to Sub Divisional Hospital, Palampur for post-mortem examination where PW-1 Dr. Baldev Kumar conducted the post-mortem. He noticed the following three ante-mortem injuries on the dead body: