STATE OF HIMACHAL PRADESH Vs. SITA RAM, SON OF PANJU RAM, ONKAR SINGH, SON OF PANJU RAM AND PYARE LAL, SON OF RAM DITTU, ALL RESIDENTS OF VILLAGE PALTHI, POLICE STATION, GHUMARWIN, DISTRICT BILASPUR, H.P.

JUDGEMENT

(1.) THE present appeal has been preferred by the State against the impugned judgment dated 28.5.2005, passed by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P., in Sessions Trial No. 11/7 of 2004/2002, for the offence under Sections 451, 324, 504, 506 and 304 read with Section 34 of the Indian Penal Code in reference to F.I.R. No. 205 of 2000, dated 17.11.2000, whereby the learned Additional Sessions Judge has acquitted the respondents. The prosecution story, in brief, is that on 16.11.2000, at about 10:30 PM, Prem Lal has quarreled with his brother Pyare Lal in respect of setting on fire a heap of cow dung and on the call of accused Pyare Lal, two other accused persons, namely, Sita Ram and Onkar immediately came there and all the three accused started beating victim/deceased (Prem Lal). Accused Sita Ram, carrying 'Drat' in his hand, had hit on the forehead of victim/deceased and the other accused persons had started beating him with fist and kick blows. The victim/deceased was rescued by his wife Roshani Devi (PW -3), however, while going away from the place of occurrence, the accused persons threatened the victim with dire consequences. F.I.R. Ext. PW -5/A was lodged by Prem Lal/victim on 17.11.2000 for the offence under Sections 451, 324, 504, 506 and 304 read with Section 34 of the Indian Penal Code. Prem Lal/victim was medically examined by Dr. Vipin Kumar in Civil Hospital, Ghumarwin who prima -facie opined that injury No. 1 was caused with sharp edged weapon. Again on 24.11.2000, at about 11 AM, Prem Lal/victim started vomiting, as such, he was removed to Civil Hospital, Ghumarwin, by his wife and when his condition further deteriorated, the doctor referred him to District Hospital, Bilaspur, where, he died on 25.11.2000. On 22.11.2000, S.H.O. Police Station, Ghumarwin prepared charge -sheet under Sections 451, 324, 504 and 506 / 34 of the Indian Penal Code against the accused persons. Thereafter, the accused were also charged for the offence under Section 304 IPC. Post mortem was conducted by Dr. S.K. Patial (PW -8) on 25.11.2000, who issued report Ext. PW -8/B, final opinion Ext. PW -8/C, Ext. PW -8/D and Ext. PW -8/E. The accused/respondents were charged for the offences under Sections 304, 324, 504 and 506/ 34 IPC.

(2.) IN order to prove its case, prosecution examined as many as eleven witnesses, whereas, the accused/respondents through their statements under Section 313 Cr.P.C. denied the prosecution case.

(3.) DY . S.P. Dalip Singh (PW -5) on 17.11.2000 has recorded the F.I.R. Ext. PW -5/A and the statement of victim Prem Lal was recorded in Rapat Roznamcha vide Ext. PW -5/B. In reference to application Ext. PW -5/E, post mortem (Ext. PW -5/F) was conducted and thereafter in reference to application Ext. PW -5/G to the Medical Officer to explain the cause of death of Prem Lal, the medical opinion was also obtained.