STATE OF HIMACHAL PRADESH Vs. RAKESH PUN

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 17.9.2003 accused was put to trial. In terms of judgment dated 31.8.2004, passed by the Ld. Addl. Sessions Judge, Fast Track Court, Shimla, H.P. in S. Trial No. 26 -S/7 of 2004/2003, titled as State of H.P. versus Rakesh Pun, accused stands acquitted of the charged offences. It is the case of prosecution that Sh. Suresh Chauhan (PW -5) had employed Sh. Nand Lal (PW -4) to supervise construction work carried out on Kotkhai - Kiari road. In all eleven Nepali labourers were employed who were supervised by PW -4. These labourers, including PW -4 were staying in two hutments adjoining each other. On 17.9.2003 at about 6.30 p.m., Sh. Nand Lal asked one of the labourers i.e. Sh. Ranjit to get rashan from one of the shops at Kupdi Nala. Sh. Ranjit returned at about 7.00 p.m. along with Sh. Dhan Bahadur, who hailed from Nepal and was also related to both Sh. Ranjit and accused Rakesh Pun. After some time accused entered one of the hutments where labourers were staying and started arguing over some past dispute. This led into a scuffle and accused gave beatings to Sh. Dhan Bahadur. He threw him on the floor and gave him blows with fists and kicks on the abdomen, chest, face and head. He also gave a blow with a hammer on the leg of Sh. Dhan Bahadur. When the occupants of the hutments, including Sh. Nand Lal tried to intervene they were prevented. After some time it was noticed that Sh. Dhan Bahadur became unconscious and in fact died. Accused was taken away to the other hutment by Sh. Prakash who was also working as a labourer. Sh. Nand Lal reported the incident on telephone to the police at about 10.30 p.m. Rapat Roznamcha (Ext. PW 14/A) was recorded by ASI -Vikram Chauhan. Police commenced investigation and same day statement of Sh. Nand Lal (Ext. PW 4/A) under Section 154 Cr. P.C. was recorded at 11.50 p.m. by the police on the basis of which F.I.R. No. 81/2003 (Ext. PW 11/A), dated 18.9.2003 was registered at Police Station Kotkhai by ASI Jai Gopal (PW -11) under Section 302 IPC. During the course of investigation police prepared inquest reports (Ext. PW 1/A and 1/B), got the spot photographed, sent the body for post mortem to Community Health Centre, Kotkhai, which was conducted by Dr. V. K. Mishra (PW -1) who gave his report (Ext. PW 1/C), collected hammer and other material evidence on record. Report (Ext. PA) of the Forensic Science Laboratory was also obtained by the police. With the completion of investigation challan was presented in the Court for trial.

(2.) ACCUSED was found to have committed murder of Sh. Dhan Bahadur hence he was charged for having committed an offence punishable under section 302 IPC and also voluntarily caused simple hurt to Sh. Ranjit and thus committed an offence punishable under Section 323 IPC to which he did not plead guilty and claimed trial. In order to prove its case, prosecution examined as many as 14 witnesses and statement of the accused under Section 313 Cr. P.C. was also recorded in which he took the following defence: -

(3.) COURT below acquitted the accused of the charged offences, hence the present appeal.