STATE OF H P Vs. NAND LAL

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment dated 29.7.2000, passed by the learned Sessions Judge, Kinnaur Session Division at Rampur Bushahr, in Sessions Trial No. 42 of 1996, acquitting the alleged accused for the offence under Section 302/34 of the Indian Penal Code.

(2.) THE prosecution case is that Shyam Lal (PW-1) made a complaint that Roshan Lal, his brother-in-law along with Ravinder Kumar (PW-3), son of her sister, on 10.7.1996 at about 6.00 P.M. were going together in village Majhewali. When they reached near the house of accused Nand Lal, accused persons assaulted Roshan Lal/deceased with `Saria' and `dandas' whereas, accused Nainu Devi pelted stones which hit on the head of Roshan Lal/deceased, whereby he was injured and had fallen down unconscious, thereupon accused Pritam Dev assaulted him with `Saria' followed by several assaults given by other accused persons. Ravinder Kumar (PW-3) tried to save and taken shelter to the nearby building of Health Sub Centre at Majhewali. When Shyam Lal (PW-1) and Hira Devi (PW-4) came to the spot to rescue Roshan Lal/deceased, they were also assaulted by the accused persons. During assault, Roshan Lal received multiple injuries. A vehicle was arranged and injured Roshan Lal was taken to the hospital on 11.7.1996 in the morning, where he was declared dead. THE matter was reported to the police at 8.30 A.M. on 11.7.1996 and FIR No. 94/96 (Ext.PW-8/A) was registered and after investigation the accused/ respondents were charged for the aforesaid offences and trial of the case was conducted by the Sessions Court.

(3.) AS per the opinion of PW-7, Roshan Lal died due to head injury leading to fracture of occipital bone left side with fracture of frontal bone right side further, leading to haemorrhage & shock, leading to death. Subsequently, PW-7 has opined that the injuries observed on the person of Roshan Lal/deceased are possible with `Saria' (Ext.P1), `Dandas' (Ext.P2 to Ext.P4) and a stone. PW-7 has also opined that both the injuries mentioned in post mortem report (Ext.PW- 7/F) are possible due to fall on hard stony surface. Injury No.1 was 2" wide. Keeping in view the diameter of `Saria' (Ext.P1), ordinarily an injury of the width of 2" is not possible, however, it depends upon the force used. Injury No.1 was on the backside of the head of the deceased on the occipital region left side. PW-1 Shyam Lal, complainant who is related to Roshan Lal/deceased, in support of the prosecution case has stated that on 10.7.1996 at 6 O'Clock in the evening he was sitting in the Veranda of his house. He observed that Roshan Lal and Ravinder Kumar (PW-3) were proceeding towards village Rattanpur and when they reached near the house of Lehni Ram, accused Nand Lal proclaimed that Roshan Lal be done to death. In response, Roshan Lal uttered "AAO NICHE KHATAM KAR LO". Thereafter, accused Nand Lal, Rup Lal, Hira Lal and Pritam proceeded towards the field of Yashpal. Accused Pritam Dev was carrying a `Saria' and other accused were armed with `dandas'. Accused Nainu Devi hurled stone towards Roshan Lal which hit him on his forehead. Consequently, Roshan Lal fell down on the road. However, Ravinder Kumar (PW-3) ran away without receiving any injury to save himself. When Roshan Lal/deceased was lying on the ground, other accused, namely, Nand Lal, Hira Lal, Rup Lal and Pritam Dev assaulted him with `dandas'. Thereafter, PW-1 along with Hira Devi and Gopal Singh went to rescue Roshan Lal. All the accused persons also hurled stones towards them and thereafter they ran away. Roshan Lal received injuries on his head, neck, chest and legs and a bleeding injury on his head. They lifted Roshan Lal to the premises of the nearby school. However, at that time, Roshan Lal did not interact with them. Thereafter, Roshan Lal/deceased was removed to his house where Gopal Singh, Ravinder, Hira Devi and Kamla Devi, sister of Roshan Lal also came there. Ravinder and Gopal Singh were deputed to bring a vehicle from Jeori which is at a distance of 16 kms. from his house. They came with a vehicle at about 7 O' clock on the following morning. Thereafter, Roshan Lal was brought to the hospital at Rampur, where he was declared dead.