STATE OF HIMACHAL PRADESH Vs. BALBIR KUMAR @ GAGI

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on the night intervening 18 th /19 th April, 1998, accused was put to trial. In terms of judgment dated 17.11.2001, passed by the Sessions Judge, Kangra at Dharmshala, H.P. in Sessions Case No. 39-J/VII-99, titled as State versus Balbir Kumar alias Gagi, accused stands acquitted of the charged offence.

(2.) It is the case of prosecution that deceased Smt. Nisha Devi widow of Sh. Gulzari Lal was residing at new Harizan Colony, Dhangupir. Accused Balbir Kumar @ Gagi used to frequently visit her. Sh. Ujagar Singh (PW-14) cousin of deceased Smt. Nisha Devi also used to visit the deceased. Smt. Nisha Devi asked Ujagar Singh to call the accused as his Jija (brother-in-law). On 18.4.1998, at about 7.00 p.m., Sh. Ujagar Singh came to the house of Smt. Nisha Devi. There they had meals. At about 10.00 p.m. accused Balbir Kumar also came. At that time he was under the influence of liquor. Accused switched on the television and asked Smt. Nisha Devi to serve meals to him. Both Smt. Nisha Devi and accused went inside the kitchen and Sh. Ujagar Singh came outside the room to sleep in the verandah on the cot. At about 10.30 10.45 p.m. Smt. Nisha Devi fell from the kitchen and called Sh. Ujagar Singh by name. He went inside and heard her saying Gagi Gagi . Sh. Ujagar Singh saw the accused running away from the spot. Sh. Ujagar Singh saw that sua (poker) had been pierced in the chest of Smt. Nisha as a result of which she was bleeding. Sh. Ujagar Singh lifted Smt. Nisha Devi from the floor and gave her water. However she immediately died on the spot. Thereafter, Sh. Ujagar Singh went to call the neighbours and Smt. Bimla Devi (PW-11), Smt. Santosh Kumari (PW-12), Smt. Kanso Devi (PW-15) and Sh. Ramesh (PW-16) came on the spot. Sh. Mohan Lal (PW-10) who was the Up-pradhan of Gram Panchayat, Beli Mahanta was called by Sh. Santokh Raj, Chowkidar. PW-10 went to the nearest police post to report the 3 matter where ASI Ashok Kumar (PW-3) recorded his statement and daily diary entry (Ext. PD) sent to the concerned police station through Constable Ram Saran. F.I.R. No. 131/98, dated 19.4.1998 (Ext. PL) was registered at Police Station, Indora under Section 302 IPC. PW-3 reached the spot to carry out necessary investigation. Before he could reach the spot, people had gathered from whom he made inquiries. He prepared inquest report (Ext. PM). At about 5.00 5.30 a.m. Inspector Jagdish Chand (PW-17) reached the spot and took over the investigation. The dead body was sent for post mortem which was conducted by Dr. Shubhlata Mahajan (PW-2) who issued report (Ext. PC). Police got the spot photographed from Sh. Bhuvneshwar Singh (PW-6); prepared site plan (Ext. PQ); took into possession the stains of blood which were found on the floor as also the strands of hair from the electric switch board which were sent for chemical analysis and report (Ext. PZ) obtained by the police. The accused was arrested on 21.4.1998 and on 23.4.1998 he made disclosure statement (Ext. PE) which was witnessed by Sh. Balvinder and Sh. Ajay Kumar, that he had thrown the sua (Ext. P5) beneath the stones under the Chakki Bridge. He led the police to the spot and got the same recovered vide memo (Ext. PF) which was witnessed by Sh. Balvinder and Sh. Ajay Kumar. The accused was also got medically examined from Dr. B. M. Gupta (PW-1) and MLC (Ext. PB) was taken on record. After completion of necessary investigation challan was presented in the Court for trial.

(3.) The accused was charged for having committed offence punishable under Section 302 IPC to which he did not plead guilty and claimed trial.