STATE OF H P Vs. JITENDER SINGH

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378 (3) of the Code of Criminal Procedure, in reference to judgment dated 26.6.2001 passed by learned Sessions Judge, Sirmaur District at Nahan, HP, in Sessions Trial No. 64-ST/7 of 2000, thereby acquitting the accused/respondent for the offence under Sections 302 of IPC in reference to FIR No. 49 of 2000.

(2.) THE prosecution case is that on 14.8.2000 Khazan Singh had called Sunder Singh, Anil Kumar and Nathu Ram for settling the boundary dispute. THE accused Jitender and Khatri Ram were also summoned. When they were going through the path to settle the boundary dispute, an altercation took place between Khatri Ram and accused. However, Nath Ram and Sunder endeavoured to intervene and asked him not to quarrel with Khatra Ram, however, instead of accepting the suggestion of Nath Ram and Sunder Singh, accused gave a kasla blow on the head of Khatri Ram and due to such assault, Khatri Ram rolled down in the dhank. Sunder Singh went to Kafota to inform Sadhu Ram son of Khatri Ram (deceased), who came to the spot and observed dead body of Khatri Ram, deceased lying on the spot. THEreafter, the matter was reported t the police. Investigation was made and accused was charged for the aforesaid offence.

(3.) (PW-3) Dr. Paramjeet Lal examined the deceased and noticed the following injuries: Two wounds over head. Multiple bruises over right arm. Anterior lateral aspect, Right knee, thigh posterior medial. Lacerations over left lower limb, medial aspect and over left knee. Lacerations over left elbow joint medially with bandage. There were two wounds over head. 1. 3 to 4 cm open lacerated wound in left frontal region with absent bony pieces of skull. The wound is 5 to 7 cm (deep) shallow Brain matter in left frontal region of head. 2. In the left temporal parietal region there was 5 to 7 cm lacerated scalp wound without injury to skull bone and the brain matter (underlying). There were bruises over left shoulder also 5x3 cm, 3x2 cms in size. Fracture skull bone in left frontal region with ruptured underlying brain membranes and injured underlying brain matter. As per opinion of PW-3, the injuries suffered by Khatrai Ram could be possible when one rolls down from a height on a rocky surface.