STATE OF HIMACHAL PRADESH Vs. MEHAR CHAND

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, against the judgment dated 13.12.2001 passed by the learned Sessions Judge, Kullu in Sessions case No. 65 of 2001, acquitting the accused/respondent for offences under Sections 302, Indian Penal Code in reference to FIR No. 56 of 2001.

(2.) THE prosecution case in brief is that on 4.2.2001 at 7.00 a.m. PW5 Mohan Lal son of deceased Jogi Ram notices that his father was lying unconscious in the court yard of his house. Accordingly the family members brought the deceased in the house. However, one Om Prakash of village Kushamati came to the house and informed PW5 Mohan Lal that he had seen Mehar Chand (accused) beating Jogi Ram in the house of Ram Chand, PW6. Mohan Lal visited the house of Ram Chand (PW6) and came to know from Ram Chand (PW6) that accused Mehar Chand accompanied with Hari Chand (PW7) on 3.2.2001 came to his house at about 8.00 P.M., where deceased had also visited on the same day at 10 P.M. Ram Chand, Hari Chand, accused Mehar Chand along with Shaunu Ram (tantrik) had consumed "Lugri" (home made liquor) when Jogi Ram came to their house at 10 P.M. and joined them in consuming Lugri. While consuming lugri, accused Mehar Chand asked deceased Jogi Ram that why he had uprooted trees from his nautor land. During that conversation, arguments/altercation started and deceased Jogi Ram was slapped by accused Mehar Chand and thereafter deceased Jogi Ram left the house of Ram Chand (PW6). After 15 minutes accused Mehar Chand and Hari Chand (PW7) also left the house of Ram Chand(PW6). Next day, on 5.2.2001 accused Mehar Chand came to the house of Hari Chand and informed him about the death of deceased Jogi Ram. Since deceased did not gain consciousness in his house, therefore, he was admitted in Zonal Hospital, Kullu where he was examined by Dr. Mohan Lal (PW1). Jogi Ram died on 5.2.2001. ASI Kaur Singh (PW11) came to the hospital and recorded statement Ex.PW5/A under Section 154, Code of Criminal Procedure of Mohan Lal (PW5) son of deceased and in that reference ASI Mahesh Kumar (PW3) recorded FIR Ex.PW3/A and post mortem of the deceased was conducted. Viscera was sent for chemical analysis and after investigation accused was charged for the offence punishable under Section 302, Indian Penal Code.

(3.) DR . Mohan Lal (PW1) found that deceased was unfit for making any statement as he was unconscious and prima facie PW1 on examination did not find any symptom of any poison. Dr. Sumedh Kaul (PW4) conducted postmortem examination of deceased Jogi Ram on 5.2.2001 at 3.00 P.M. and observed that there were burn marks on the chest on left side 2.5 cm X 2CM and 1.5 cm x 1.5 cm six cm above umbilious abrasions on the right parietal region of skull and right ear.