STATE OF HIMACHAL PRADESH Vs. SUBHASH SINGH

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 17th and 18th of August, 2003, accused was put to Whether reports of Local Papers may be allowed to see the judgment? trial. In terms of judgment dated 3.11.2005, passed by the ld. Sessions Judge, Kangra at Dharamshala, H.P., in Sessions Case No. 5-J/VII/2005 (Sessions Trial No. 1/2005), titled as State versus Subhash Singh, accused stands acquitted of the charged offences.

(2.) IT is the case of prosecution that on 17.8.2003, Sh. Rakesh Kumar (PW-4) along with his mother Smt. Sudesh Kumari (deceased) was alone in his house at Makrahan tehsil Jawali, H.P. Sh. Parkash Chand (PW-2), husband of Smt. Sudesh Kumari, was gainfully employed at Pathankot (Punjab). At about 8.30 p.m. Sh. Rakesh Kumar went to his room leaving his mother Smt. Sudesh Kumari alone in the adjoining room where she was watching television. At that time wife of Sh. Rakesh Kumar, his brother Sh. Rajesh Kumar and sister had gone to the house of Sh. Rasal Singh (PW-6) to inquire about the welfare of certain persons. Sh. Rakesh Kumar (PW-4) heard some sound coming from the room of his mother. He went there and noticed accused outraging modesty of his mother. PW-4 caught the accused and gave him beatings. He also raised alarm. Sh. Rajesh Kumar, Sh. Sahib Singh, Sh. Baldev Singh (PW-5) and Sh. Rasal Singh (PW-6) arrived at the spot. PW-4 narrated the incident to them who advised to let the accused go away as it would bring humiliation to the village. Throughout the night Smt. Sudesh Kumari kept on weeping. She did not take meals and was depressed so much that in the morning she consumed poison. When she vomited she was taken to the Community Health Centre at Jawali. Police was telephonically informed about the incident and report (Ext. PW 10/A) recorded in the police station. SI- Daya Nand (PW-11) deputed ASI-Yog Raj to visit the hospital who telephonically informed that patient had died. Entry in this regard was made in the roznamcha. PW-11 himself proceeded to the spot where he met both the sons of the deceased and certain villagers. He prepared inquest reports (Ext. PW 1/B and 1/C); sent the dead body for post mortem which was conducted by Dr. R. K. Chaudhary (PW-1) and took report (Ext. PW 1/D) on record. Dead body was handed over to the family members which was cremated on 18.8.2003 itself. Till then none disclosed complicity of the accused. However later on 19.8.2003 Sh. Parkash Chand (PW-2) lodged a formal F.I.R. No. 178/03 (Ext. PW 2/A) under Sections 451, 354 and 306 IPC at Police Station, Jawali alleging complicity of the accused to the crime. Police further investigated the matter and challan was presented in the Court for trial.

(3.) IN order to prove its case, prosecution examined as many as 12 witnesses and statements of the accused under Section 313 Criminal Procedure Code was also recorded.