STATE OF H.P. Vs. SHAMSHER SINGH

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 30.6.1997 passed by learned Sessions Judge, Shimla HP in S.Tr. No. 12 -S/7 of 1995, thereby acquitting the respondent / accused for the offence under Section 302 of the Indian Penal Code.

(2.) THE prosecution case is that on 7.12.1994, a post marriage ceremony known as Dhanoj was being celebrated at the house of one Sh. Fina Dass in village Kumbrara. Deceased Babu Ram and accused Shamsher Singh were though not invited to participate in that function, however, participated in that ceremony. Around 3 PM near the school building, close to the house of said Sh. Fina Dass, Shamsher Singh asked deceased Babu Ram to shun the company of one Tawaru and threatened that in case he did not follow his command he would do him to death. This threat was administered by the accused in the presence of the wife of Sh. Babu Ram, when she went to call him for taking meals. Sh. Babu Ram did not go home with his wife, but remained at the house of Sh. Fina Dass. Around 7 in the evening, the wife of deceased Sh. Babu Ram, namely, Smt. Shanta Devi, sent her husband's sister Binta Devi to call her husband. Binta Devi went to Sh. Fina Dass's house, but she was told that the deceased had gone to the house of one Sh. Sodi Ram. Binta Devi on return informed the wife of the deceased accordingly. Around 7.30 PM, Smt. Suraj Mani, wife of Sodi Ram went to Smt. Shanta Devi's house and asked her to accompany her to her house. Smt. Shanta Devi went with her to Sh. Sodi Ram's house where she found that Sh. Sodi Ram was standing in the kitchen of his house and was holding her husband Sh. Babu Ram in his arms. She noticed that the body of the her husband was bleeding profusely and there was a pool of blood on the floor of the kitchen. Smt. Shanta Devi then asked her husband as to what had happened, he told her that he had been stabbed by Shamser Singh son of Sh. Suram Dass, with a dagger, thereafter, Sh. Sodi Ram lifted Sh. Babu Ram on his back with a view to carrying him to his house, but when he was passing through the lane behind his house, Sh. Babu Ram breathed his last. Sh. Sodi Ram placed the deadbody of Sh. Babu Ram in the lane. Smt. Shanta Devi then started crying loudly. On hearing her cries, several persons from the village were gathered there. The deceased was having big would on his chest. Smt. Shanta Devi narrated the aforesaid facts to the police on 8.12.1994 at 11.30 AM, when the police arrived in the village, after a report about the death of Sh. Babu Ram lodged at Police Post, Chirgaon by accused Shamsher Singh himself vide report No. 3 dated 8.12.11994. A.S.I. Incharge Police Post, Chirgaon reduced the aforesaid narration of Smt. Shanta Devi into her statement under Section 154 Cr.PC and forwarded the same to the police station, Rohru for formal registration of the case and the case was formally registered vide FIR No. 399 of 1994, on the basis of the said statement.

(3.) PROSECUTION has mainly examined PW -1 Smt. Shanta Devi, PW -2 Sh. Sodi Ram, PW -3 Smt. Suraj Mani wife of PW -2 Sh. Sodi Ram, PW -4 Rajinder Kumar, PW -5 Sh. Jiu Nath, PW -6 Sh. Banka Ram, PW -7 Binta Devi, PW -8 Sh. Fina Dass, PW -13 Sh. Sham Lal, PW -14 Doctor Rakesh Dhiman and PW -15 Dr. Ashwani Kumar.