STATE OF H P Vs. VIKRAM SINGH

JUDGEMENT

(1.) THIS is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of learned Additional Sessions Judge, Fast Track Court, Shimla, dated 6.1.2004, vide which he acquitted the respondent of the charge framed against him under Section 302 I.P.C.

(2.) BRIEFLY stated, the facts of the case are that on 13.7.2002, a statement under Section 154 Cr.P.C. was recorded by a Police Officer at 11.25 p.m. of one Jagdish Chauhan. He stated that one Ram Bahadur Gorkha was working with him since September, 2001. He deployed him and the said Gorkha was living adjoining to the house of his brother Ran Bahadur. On 13.7.2002, Ram Bahadur had gone to participate in the Jag of the Devta. At about 9.30 p.m., the complainant received a telephone from one Smt. Bimla Devi, Member, Gram Panchayat, that one Vikram alias Bikku had given beatings to Ram Bahadur Gorkha, who is lying on the road. He alongwith other villagers went to the place and found Ram Bahadur lying blood stained on the road. The complainant was informed by Dhian Singh and his brother Prem Singh, who were having their house near the road that Vikram had given beatings to Ram Bahadur. They took him to CHC Kotkhai and it was reported that Ram Bahadur was already dead. On this report, a case was registered and after investigation, the challan was filed before the Court of learned Sub Divisional Judicial Magistrate, Theog, who committed the case to the Court of learned Sessions Judge, who assigned the case to the Court of learned Additional Sessions Judge, Shimla, who tried the respondent as detailed above, leading to his acquittal.

(3.) TO substantiate its case, the prosecution had examined 10 witnesses. The police came into motion on the statement made by complainant Jagdish Chauhan under Section 154 Cr.P.C., who has been examined as PW-1 He reiterated that Ram Bahadur was working with him, had gone to attend some religious function and he received a telephonic message from Smt. Bimla Devi PW-3 that his Gorkha was lying on the road in a pool of blood. She also informed that accused Vikram was quarreling with him. He alongwith his wife and wife of Ram Bahadur went to the spot where Dhian Singh and Prem Singh were present. He was then taken to the hospital, where he was declared dead. He is not an eye witness to the occurrence, but had learnt the facts from Smt. Bimla Devi, who has been examined as PW-3. She stated that she is Ward Panch and was present in her house. Around 8.00-9.00 p.m., Prem Dass and Dhian Singh came to her house and told her that a fight was going on the road below and asked her to accompany them to the place. Then she came to the spot, saw Gorkha lying in an injured condition on the road in a pool of blood. The accused was not present there. She was declared as hostile and was allowed to be cross- examined. She denied having stated to the police that Ram Bahadur had died on account of the beatings given by accused Vikram. Her information was based mainly upon the information given to her by Prem Dass and his brother Dhian Singh PW-2.