STATE OF H.P. Vs. BUDHI SINGH

JUDGEMENT

(1.) This appeal by the State, under Section 378 of the Code of Criminal Procedure, has been filed to seek reversal of judgment dated 24.2.1998, of learned Additional Sessions Judge, Mandi, whereby respondents Budhi Singh, Narinder Singh, Parkash Chand, Soda Ram, Hem Singh, Jai Singh and Achhar Singh, have been acquitted of the charge under Sections 147, 148, 452 read with Section 149, 506 (II) read with Sections 149, 323 read with Section 149, 302 read with Section 149 and 326 read with Section 149 IPC.

(2.) We may first notice case of the prosecution which led to the trial of the respondents. PW-12 Beli Ram lived in a house in village Khil, Tehsil Jogindernagar, alongwith his wife Swari Devi, son Netar Singh, PW-1, daughter in law Meera Devi, PW-11 and two grandsons, aged 6 and 4 years. In his neighbourhood, there is house of respondent Budhi Singh. Relations between PW-12 Beli Ram and respondent Budhi Singh were not good. They were not on visiting terms with each other. Several cases, both civil and criminal, had been instituted by them against each other.

(3.) On 21.2.1996, marriage of a daughter of Budhi Singh, had been solemnized. Beli Ram and his family members did not attend the marriage. However, deceased Swari Devi and her daughter in law, PW-11 Meera Devi, attended the marriage function at the place of the bridegroom of the daughter of Budhi Singh in a nearby village on 23.2.1996. They participated in a feast arranged at the place of the bridegroom and brought with them food for other members of the family. Around 8 in the evening, when Beli Ram, PW-12, deceased Swari Devi, PW-11 Meera Devi and PW-1 Netar Singh, were taking their meals, respondent Budhi Singh, accompanied by other respondents and seven more persons named in the FIR, who were not challaned by the police, went there. Budhi Singh shouted to Beli Ram, PW-12 and his son Netar Singh, PW-1 to come out. When they opened the door, they saw all the respondents and seven more persons standing outside their house. When they were asked as to why they were there and why they had called PW-1 Netar Singh and his father Beli Ram, PW-12, Budhi Singh and one Devi Dutt, allegedly retorted that they had come to kill PW-12 Beli Ram and all his family members and they would be doing them to death that very evening. Then they started pelting stones. Netar Singh, PW-1 and Beli Ram, PW-12 withdrew to their room and bolted it from inside. Respondents and all other persons, accompanying them, then threw stones at their house. Some of the stones hit the door, as a result of which, the door broke open. All the respondents and the persons accompanying them entered the room. Budhi Singh and Achhar Singh, respondents were armed with axes. Parkash Chand was carrying a Barchha (spear) and other respondents were armed with sticks and dratis. Budhi Singh dealt a blow of axe on the left side of the head of Swari Devi. Thereafter, Narinder Singh also dealt two blows of axe to Swari Devi. She died on the spot.