SARAN DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an appeal preferred by the appellant accused-convict (hereinafter referred to as the 'accused') against the judgment dated 11.10.1999 passed by the learned Addition Sessions Judge, Mandi, whereby the accused has been convicted and sentenced as follows :

(2.) CASE of the prosecution against the accused, in brief, is that PW-1 Devi Dass and the accused are residents of village Shilah. The accused had sold some land to said Devi Dass and his family for which he had been given some money. However, the accused had been putting off the getting mutation of sale attested. On the 3.11.1998 at about 7 a.m., the accused while armed with drat Ex.P-2 trespassed into the house of Devi Dass (PW-1). While entering the house, the accused was noticed by Chandi Devi, wife of PW-1 and she asked him as to where he was going. The accused replied that he was going to bring fuel wood. The accused entered the room where PW-1 and his grand daughter Ranjana were sleeping. The accused gave drat blow on the throat of PW-1 whereby he became unconscious and blood started oozing out of his throat. Chandi Devi tried to catch hold of the accused, but in the meanwhile, he gave drat blow to Ranjana, a child, then aged about 2 years and she also started bleeding. Chandi Devi again tried to catch hold of the accused but he escaped and entered the kitchen where he gave drat blows to Jalam Singh (PW-3), Titli (PW-2) and another child Krishna. In the process, Chandi Devi also sustained injuries. Ranjana succumbed to the injuries sustained by her. The other injured were removed to Mandi for treatment. The occurrence was reported to the police by Chandi Devi vide her statement under Section 154 Cr.P.C. Ex. PW-14/A and as a consequence formal FIR Ex. PW-14/C was recorded at Police Station Gohar. The investigation followed. During the course of investigation, the investigating officer prepared the marg report Ex. PW-5/C and got the post mortem of the dead body of Kumari Ranjana conducted in Zonal Hospital, Mandi, which was conducted by Dr. R.S. Datawalia (PW 7) on 4.1.1998. The post-mortem report issued by PW 7 is Ex. PW-7/A and as per his opinion, the big incised wound found on the dead body of the deceased was followed by severe hemorrhage, syncope and death. The injured namely, Titli Devi (PW-2), Devi Dass (PW-1), Kumari Krishna and Jalam Singh (PW-3) were medically examined by Dr. H.K. Abrol (PW.11) and the MLCs in respect of such medical examination issued by him are respectively Exs. PW-11/C, PW-11/F, PW-11/G and PW-11/H. As per the respective MLCs, Jalam Singh (PW3) was found to have sustained an incised wound with a sharp edged weapon and such injury was simple in nature. Devi Dass (PW 1) was found to have sustained three injuries, two with sharp and one with blunt weapons two of which were simple and one was grievous. Titli Devi (PW 2) was found to have sustained two injuries with a sharp edged weapon, one of which was simple and another grievous. Krishna was found to have sustained one simple injury with a sharp edged weapon. Chandi Devi and Ranjana were medically examined by Dr. Desh Raj Sharma (PW 8) on 8.11.1998 at about 7.00 a.m. On such examination, he found that Ranjana was dead. A simple injury caused with a sharp edged weapon was found at the base of the right middle finger of Chandi Devi. The MLR in this regard is Ext. PW8/A. On inspection of the spot the investigating officer prepared the site plan Ex. PW-15/B and took in possession from the spot the blood and blood stained wooden pieces Ex. P-4 vide memo Ex./PW-5/A. Sample of the soil from the spot was also taken in possession vide memo Ex. PW-5/B. On production by PW-1, one blood stained Khandolu Ex. P-1, which was laid on the bed on which he was lying at the material time, was also taken in possession by the investigating officer vide memo Ex. PW-6/B. Further, during the course of investigation, the accused made disclosure statement Ex. PW-5/D regarding having kept the drat in his room. Pursuant to the said statement, drat Ex. P-2 was got recovered by the accused vide memo Ex. PW-5/E. The working apparels of the accused which contained blood stains and were identified by the witnesses as the clothes which the accused was wearing at the time of the occurrence, namely, shirt Ex. P-5 and pajama Ex. P-6 were also taken in possession by the investigating officer vide memo No. Ex. PW 6/A. At the time of post-mortem of the deceased, her wearing apparels, a shirt, pajama and one mala she was having around her neck at the material time, were handed over to the police by PW-7. These articles alongwith drat Ex. P-2, blood stained wooden pieces and the aforesaid wearing apparels of the deceased were sent to the State Forensic Science Laboratory for analysis and vide report Ex. PX received from the Director of the said Laboratory, all these articles were found stained with human blood of group 'B' and human hair were also detected on the drat Ex. P-2. Ex. PW 15/C is the rough sketch of the place of recovery. The investigating officer also recorded the statements of the various witnesses under Section 161 Cr.P.C. On the basis of the material collected during investigation, the officer incharge, police station, Gohar, submitted a charge-sheet against the accused under Sections 302, 307, 324, 326 and 452 IPC. The accused came to be tried on a charge under the aforesaid penal provisions by the learned Additional Sessions Judge, Mandi. To prove the charge against the accused, the prosecution examined as many as 15 witnesses. The accused in his statement under Section 313 Cr.P.C. denied the prosecution case as a whole and claimed to be innocent. The accused, however, did not lead any defence. Finally, the accused was convicted and sentenced as aforesaid. Hence the present appeal.

(3.) IT was contended by the learned counsel for the accused that there are contradictions and improvements in the statements of the material witnesses raising suspicion about the veracity of the version of the prosecution.