STATE OF HIMACHAL PRADESH Vs. RAMAYAN

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 10.6.2003 delivered by the learned Sessions Judge, Shimla in Sessions Trial No. 3-S/7 of 2002, whereby he acquitted the accused of having committed an offence punishable under Section 302 of the Indian Penal Code.

(2.) The prosecution story in brief is that accused Ramayan and deceased Rameshwar were both residents of Uttar Pradesh. About two months prior to the occurrence, they came to village Behlog to work as construction labourers. They started working as labourers with PW-16 Surinder, who was a Mason by profession. At the time when the occurrence took place, the accused, PW-16 Surinder and the deceased were all engaged for the construction of a new house of PW-1 Ramesh Chand, who at the relevant time was residing in his old house situate at a distance of about 80 metres from the new construction. The deceased, the accused and PW-16 Surinder used to reside in the house which was under construction. According to the prosecution, Ramayan and Rameshwar used to reside in one room whereas PW-16 Surinder residing in another room in this house.

(3.) The prosecution story further is that in the evening of 9th July, 2001, deceased Reameshwar went to the house of Ramesh Chand where PW-16 Surinder was already present. He went there to get a lamp since there was no electric connection in the house under construction. Neither Ramesh Chand nor his wife was present at the house. PW-3 Sharda, wife of PW-1 Ramesh Chand came home after half an hour since she had gone to milk her cow. Ramayan who was in the house under construction kept shouting for the deceased who got 3 irritated with him. Thereafter when Rameshwar returned to the room where he was residing they both had an altercation. PW-16 Surinder and PW-3 Sharda on hearing the noise went there and in their presence Rameshwar slapped accused Ramayan. However, on the intervention of Surinder and Sharda the matter was amicably settled and then these two PWs returned to the house of PW-1 Ramesh Chand. After some time at about 9.00 pm Surinder went back to the house under construction. He saw accused Ramayan cooking food and deceased Rameshwar was sitting on one side. Thereafter Surinder went to sleep in his own room.