STATE OF HIMACHAL PRADESH Vs. MADAN LAL

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 31.08.2003, accused was put to trial. In terms of judgment dated 28.12.2004, passed by the Ld. Additional Sessions Judge -I, Kangra at Dharamshala, H.P. in Sessions Trial No. 4 -D/2004, titled as State Vs. Madan Lal, accused stands acquitted of the charged offence.

(2.) IT is the case of the prosecution that on 1.9.2003 at about 5:15 A.M., Akshay Kumar (PW -3) telephonically informed Police Station, Shahpur that his brother Sushil Kumar was murdered by accused Madan Lal. This information was reduced into writing vide Rapat Ex.PW13/B. Based on the same, Sh. Mohinder Minhas (PW -17), SHO, Police Station, Shahpur proceeded to the spot where he recorded statement (Ex.PW2/A) of Sh. Sunil Kumar (PW -2), real brother of the deceased Sushil Kumar and informant Akshay Kumar (PW -3). Statement Ex.PW2/A was sent to Police Station, Shahpur where FIR No. 143/2003 (Ex.PW12/A) dt. 1.9.2003 was registered on 1.9.2003 at 6:45 AM, against the accused, under Section 302 IPC. PW -17 prepared inquest reports (Ex.PW3/A and Ex.PW3/B) in the presence of Akshay Kumar (PW -5). Statement of relevant witnesses were also recorded. Dead body was sent for postmortem which was conducted by Dr. D.P. Swami (PW -1), Assistant Professor, Tanda Medical College, District Kangra, H.P. who issued postmortem report (Ex.PW1/A) dated 1.9.2003, which revealed that deceased had consumed liquor and died due to hemorrhagic shock on account of two injuries sustained by him. Investigation revealed that accused had given blows with a knife to the deceased and weapon of offence, i.e. knife (Ex.P -5) was recovered by the police on the basis of disclosure statement (Ex.PW17/A) dated 4.9.2003 made by the accused who was arrested on 2.9.2003. Sunil Kumar reported that on 31.10.2003 at about 9:30 P.M. deceased Sushil Kumar and Madan Lal were quarreling with each other. Akshay Kumar called him, they alongwith Sanjeev Kumar who also was present on the spot intervened. He took Madan Lal away and Akshay Kumar caught hold of Sushil Kumar. However, after some time, Sushil Kumar came from behind and again started quarreling with Madan Lal. He tried to intervene but was pushed down. He saw accused Madan Lal giving blows with a knife to Sushil Kumar on his back. Sushil Kumar who was bleeding profusely fell on the ground. Both, he and Sushil Kumar cried and Akshay Kumar and Sanjeev Kumar immediately reached at the spot. They saw accused Madan Lal fleeing away. Sushil Kumar was immediately taken to Primary Health Centre at Rirakmar where he was examined by Dr. Ram Pal Sharma (PW -4). Patient was brought back home where he succumbed to injuries at about 1:00 A.M. Since Telephone Exchange of the area was not working and lines were dead, police could not be informed immediately. It was only at about 5:15 A.M., police could be informed through the Telephone Exchange.

(3.) ACCUSED was charged for having committed an offence punishable under Section 302 IPC for having murdered deceased Sushil Kumar @ Lamba to which he did not plead guilty and claimed trial.