STATE OF HIMACHAL PRADESH Vs. RAM CHAND

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 26.09.2005, delivered by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, in Sessions Trial No. 12 of 2005, whereby he acquitted the accused persons of having committed offence punishable under Section 302 IPC read with Section 34 IPC.

(2.) The prosecution story, in brief, is that on 10 th March, 2003, marriage of one Shri Shakti Chand took place and the barat had gone to Village Andretta. Deceased Amar Nath and his nephew, Virender Kumar, had gone alongwith the barat, which reached Andretta at about 8.008.30 p.m. Arrangements for the stay of the barat were made in the Janjghar on the road side. Amar Nath (deceased) was the maternal uncle of the bridegroom. He had some altercation with father of accusedRam Chand when they were sitting at the Janjghar around a log fire.

(3.) After this incident took place the members of the barat proceeded to the house of the parents of the bride where they had dinner. After dinner, deceasedAmar Nath accompanied by his nephew, PW1, Virender Kumar, returned to the Janjghar. When they came back, they were followed by accusedRam Chand and the other three accused persons, namely, Harnam Singh, Sunil Kumar and Saroj Kumar. It is the prosecution case that the accused, Ram Chand, picked up a burning piece of wood and gave a blow with it on the head of deceased, Amar Nath, on account of which he suffered injuries and fell down. The other three accused gave beating to Amar Nath by giving him kicks and fist blows and, thereafter, all of them ran away from the spot.