STATE OF HIMACHAL PRADESH Vs. DAROPTI DEVI

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 8.2.1999, accused were put to trial. In terms of judgment dated 1.9.2000 passed by the learned Sessions Judge, Shimla, in Sessions Trial No. 11-S/7 of 1999, titled as State v. Smt. Daropti Devi and Anr., accused stand acquitted of the charged offence.

(2.) It is the case of the prosecution that Sarojni Devi (Accused No. 2) daughter of Daropti Devi (Accused No. 1) had contracted love marriage with deceased Parkash Chand. One month prior to 8.2.1999, the date on which Parkash Chand died, Sarojni Devi left her husband and started living separately with her mother in village Janoti. The distance between the house of Parkash Chand in village Tikri and Daropti is about half a kilometer. On 5.2.1999 Sarojni Devi lodged a police report (Ext. PG) to the effect that deceased assaulted her at place known as Gumma. She sustained injuries on her cheek, mouth and ear. Police looked into the same. Her medical examination could not be completed at the local centre therefore she was asked to make herself available at the Government Hospital, Shimla. On 8.2.1999 at about 6.30 a.m. Sarojni Devi came near the house of deceased Parkash Chand and shouted for him. She told him that her mother had immediately wanted to see him at her place. Sh. Bala Ram (PW-1) (brother of the deceased) and Sh. Mansa Ram (PW-3) (uncle of the deceased) also heard the shouts of Sarojni Devi. Within 15 - 20 minutes they saw Parkash Chand going from his house in village to the house of the accused in village Janoti. On 8.2.1999 at about 11.45 a.m. Sarojni Devi lodged report (Ext. PH) at Police Station, Kotkhai to the effect that deceased Parkash Chand had fought with her and was likely to commit serious crime. Acting on the same Sub Inspector Balwant Singh (PW-9) proceeded towards the house of the accused. Somewhere near a place known as Shilroo, Balwant Singh (PW-9) met Sh. Bala Ram (PW-1) who informed him that accused had murdered Parkash Chand as he had seen his dead body in the kitchen of the house belonging to accused Daropti. He also saw Daropti standing in the verandah wearing blood stained clothes. After reducing statement (Ext. PA) of Sh. Bala Ram (PW-1) into writing, Balwant Singh (PW9) proceeded to the spot. He found the dead body of Parkash Chand lying inside the house of accused Dropati Devi. Blood was splattered all over. He also found blood stained darat (Ext. P1), danda (Ext. P2), piece of iron pipe (used for blowing air into the hearth, Ext. P3) and piece of stone (Ext. P4). Balwant Singh collected samples of blood vide seizure memo (Ext. PB) and the blood stained weapons of offence (Ext. P1, P2, P3 & P4) vide seizure memo (Ext. PC). He prepared inquest report (Ext. PD and Ext. PD/1) and sent the body to the Medical Officer, Civil Hospital, Kotkhai for post-mortem examination. On the statement of Sh. Bala Ram, F.I.R. No. 22 of 1999 (Ext. PJ) dated 8.2.1999 was registered under Sections 302 read with Section 34 Indian Penal Code at Police Station, Kotkhai. Dr. Rakesh Mohan (PW-10) conducted post-mortem examination and submitted his report (Ext. PM). According to the doctor death occurred due to head injury causing hemorrhage and hypovolumic shock. Police collected clothes belonging to the accused/deceased and alongwith other seized articles sent them for chemical examination. Statements of the witnesses recorded, site plan prepared and with the completion of investigation challan was presented in the Court for trial.

(3.) Both the accused were charged for having committed offence punishable under Section 302 read with Section 34 Indian Penal Code to which they did not plead guilty and claimed trial.