RAM KRISHAN Vs. STATE OF H.P.

JUDGEMENT

(1.) Since both these appeals arise out of the same judgment dated 27.10.1999 passed by the learned Additional Sessions Judge, Mandi, therefore, these are being disposed of by this common judgment.

(2.) Brief facts leading to the presentation of these appeals are that Laxmi Dutt (PW -1), resident of village Mandap in Tehsil Karsog was running a tailoring shop at the material time in village Maghandi at a distance of about one kilometer from his residential house. Manohar Lal (since deceased) was his younger brother and was running a shop of general merchandise at Maghandi in the business premises of PW -1 in the morning and evening while during the day time he used to teach students of a nearby school. On 26.11.1998 at about 7.30 p.m. when the deceased was present in his aforesaid business premises, Ram Krishan (appellant in Criminal Appeal No. 532/99) and Harmender Singh (respondent No. 2 in Criminal Appeal No. 223/2000)(hereafter referred to as the accused persons) came there while under the influence of liquor. They wanted to take more liquor at the said business premises of the deceased, therefore, they asked the deceased to give them some eatables. The deceased, however, asked the accused persons not to take liquor in his business premises which infuriated them and as a result they quarrelled with the deceased and slapped him. The accused persons also threw the goods at the business premises of the deceased helter -skelter. When the deceased asked them not to indulge in such mischief, they asked him to get lost. Thereupon the deceased went to the houses of Pawan Kumar (PW -5) and Dogar Ram residents of village Thaltu. The deceased informed them about the acts and conduct of the accused persons and then returned to his business premises along with PW -5 and Dogar Ram requested the accused persons not to commit the mischief in the business premises of the deceased, however, the accused persons asked them to get lost. The deceased then went to his house arid informed Laxmi Dutt (PW -1) and Karam Dass (PW -6) and other persons present in the house about the acts and conduct of the accused persons. Laxmi Dutt (PW -1), Amba Dutt (PW -2), Nanak Chand (PW -3) and Prem lal along with the deceased, came to the business premises of the deceased and reached there at about 8.15 p.m. They enquired from the accused persons as to why they had picked up a quarrel with the deceased? On such enquiry, the accused persons stepped out of the business premises of Manohar Lai (deceased) and accused Ram Krishan picked up stone Ext. P -1 and hit Manohar Lai (deceased) with that stone on the left side of his head and as a consequence, the deceased dropped dead at the site where he had sustained injury with stone Ext. P -1 and rolled down the hill -side upto a distance of about 50 feet. The accused persons thereafter pelted stones on the other persons present there thereby causing simple hurt to PW -6 and Dogar Ram. On hearing the noise from the spot, Man Singh (PW -7) also came to the place of occurrence. He asked the accused persons not to pelt stones and took them to their houses. PW -1, PW -7 and Khuba Ram went to the house of Krishna Devi (PW -4), Pardhan of the Gram Panchayat and informed her of the murder of Manohar Lai (deceased). She accompanied them to the place of occurrence and inspected the dead body of the deceased. Thereafter, PW -1, PW -4 and PW -7 went to Police Station, Karsog and lodged FIR. Ext. PW -1/A under Sections 452, 323,427,302/34 of the Indian Penal Code against the accused persons and the investigation in the matter followed. SHO. Harbhajan Singh, S.I. (PW -13) visited the place of occurrence and took the dead body of Manohar Lai in possession. The dead body and the place of occurrence were got photographed and the developed photographs are Exts. PW -10/A -1 to PW -10/A -8. The report M.arg Exts. PW -13/B and PW -13/C were prepared and the dead body was sent for post mortem examination. Stone Ext. P -1 was also taken in possession vide recovery memo. Ext. PW -4/A and was sealed. Stone Ext. P -2 -was also taken in possession from the business premises of the deceased vide recovery memo. Ext. PW -4/B. The post mortem of the dead body of the deceased was Conducted by PW -14 Dr. Girish and the post mortem report issued by him is Ext. PW -14/A. As per opinion of PW -14, the deceased died due to the injuries to brain caused by the head injury.

(3.) On completion of the investigation and on being satisfied of the commission of offences punishable under Sections 452,323,427,302/34 of the Indian Penal Code, the concerned Station House Officer submitted charge sheet against the accused persons. The accused persons were tried by the learned Additional Sessions Judge for the commission of the said offences.