STATE OF H P Vs. GOVIND RAM

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 15.3.2000, accused were put to trial. In terms of judgment dated 17.7.2004, passed by Sessions Judge, Mandi, H.P., in Whether the reporters of Local Papers may be allowed to see the judgment? Sessions Trial No. 29 of 2003 titled as State of H.P. Vs. Sh. Govind Ram and another, accused stand acquitted of the charged offence.

(2.) IT is the case of prosecution that on 15.3.2003 Hem Singh (PW-1) along with deceased Chandermani, Kuldeep and another Chandermani son of Saran Singh had gone to the house of Savitri, sister of PW-1, for laying the flooring of her house. These persons were working as masons/labourers. At about 5 p.m. all the aforesaid persons alongwith Tara came to the house of accused Lalit where they consumed alcohol. Accused Govind Ram was also present there. After some time deceased Chandermani and Kuldeep left for their house, but returned to the house of Savitri to spend the night. There Hem Singh and deceased again started consuming liquor with the accused persons. Later on at about 11 p.m., Hem Singh and Chandermani left for their house. When they had covered some distance on foot, they were attacked from behind. Somehow Hem Singh managed to reach the house of Gram Sewak Sobha Ram at village Nalhog, from where his brother was informed about the incident on telephone. Hem Singh was immediately taken to the hospital at Mandi, where the authorities informed the police and SHO, P.S. Sadar, Mandi Shri K.D.Sharma (PW- 15), made entry in the daily diary register (Ext.PT) and proceeded to the hospital where he recorded statement (Ext.PA) of Hem Singh (PW- 1). Police officials sent Rukka to the said Police Station, where FIR No. 111 (Ext.PS) dated 16.3.2003 u/s 302/323/341/34 IPC was registered. Acting on such statement police reached the spot of crime and the place where dead body of Chandermani was lying along side the road. Photographs (Ext.PU/1 to PU/5 and PY/1 to PY/3) were taken on record. Blood stained sample of soil was recovered. After preparation of inquest report (Ext.PM), dead body was sent for post- mortem, which was conducted by Dr.Jiwanand (PW-8), who issued post-mortem report/opinion (Ext.PO and Ext.PP) after receipt of reports of FSL, Junga, Shimla, H.P. In the meanwhile, Hem Singh was examined at the Zonal Hospital, Mandi by Dr. Vanita Kapoor (PW-4), who issued MLC (Ext.PK). Later on SI Narender Kumar (PW-14) recorded the supplementary statement of Hem Singh (PW-1), in which, for the first time, he disclosed complicity of accused Govind Ram and accused Lalit in the crime. Police arrested these persons and during investigation they made disclosure statements (Ext.PF & PJ) and also led the police to the spot where they had hidden the weapon of offence i.e. danda, blood stained clothes and their shoes. Police sent the said articles alongwith sample of the hair of the accused for analysis to the FSL and reports (Ext.PAD and Ext.PAE) were obtained by the police.

(3.) ACCUSED were charged for having committed offences punishable under Sections 323, 302 both read with Section 34, IPC to which they did not plead guilty and claimed trial.