STATE OF H.P. Vs. RATTAN SINGH

JUDGEMENT

(1.) Rattan Singh, respondent in this appeal filed by the State of Himachai Pradesh against an order of his acquittal, was charged with an offence punishable under section 302, I. P. C. for having committed the murder of one Smt. Kanta Devi on or about July 6, 1982 at 11 00 p m at village Bhali, Police Station Shahpur, District Kangra. He was tried by the Additional Sessions Judge, Kangra, for it. The learned Judge recorded an order of acquittal on July 7, 1983.

(2.) Rattan Singh is an ex -army person. It is said that he, as also one of his associates Ch ha tar Singh, had an amorous eye for Kanta Devi and her sister -in -law Sheelan Devi. The house in which these two ladies lived in village Bhali, along with Prakram Chand, brother of Sheelan Devi and Bato Devi, the mother of Sheelan Devi and Prakram Chand, is situate in one corner of the village and there are no houses in the neighbourhood Puran Chand, husband of Smt. Kanta Devi and the elder brother of Prakram Chand, was employed in the Public Works Department and stayed away from the village. Several attempts had been made previously according to the prosecution, by Rattan Chand and his associate of molesting the two ladies m which he had not succeeded. Sometimes in the month ot May an unsuccessful attempt was made by Rattan Singh to molest the aforesaid female members of the family by raiding the house. Proceedings were initiated against him under security provisions ; he was apprehended but released on bail by the Sub -Divisional Magistrate, Nurpur. His gun was also taken into possession but was got released under an order of the Executive Magistrate and taken back by Rattan Singh on May 26, 1982.

(3.) On the night intervening July 6 and 7, 1982, Prakram Chand his mother Smt. Bato Devi, his sister Smt, Sheelan Devi and his sister -in -law Smt. Kanta Devi, were sleeping on four different cots in the courtyard of their house in village Bhali. A pet dog of the house started barking where upon Smt. Sheelan Devi called out to her mother, Smt. Bato Devi that there might be some person present in the vicinity as the dog was barking Kanta Devi is said to have proclaimed, while rising from her bed that Rattan Singh was standing nearby with a gun. Soon thereafter Rattan Singh is said to have fired a gun shot hitting Kanta Devi. Sheelan Devi and her mother rushed towards him with a view to over -power him but he managed to escape. Some injuries were caused to him in this process The prosecution also says that, while running away, the gun a torch and a pair of foot -wear were left by Rattan Singh near the scene of occurrence.