STATE OF HIMACHAL PRADESH Vs. INDIRA DEVI

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment dated 25.04.2007, passed by the learned Additional Sessions Judge-II, Kangra at Dharamshala, District Kangra, H.P. in Sessions Case No. 30-J/VII/2002, acquitting the accused-respondents for the offences under Sections 302/201 IPC read with Section 34 IPC, in reference to FIR No. 79 of 2001, dated 12.05.2001. Whether reporters of Local Papers may be allowed to see the judgment?

(2.) THE prosecution case is that on the information of one Bishambar Dass that the dead body of Jagdev Singh was lying inside the flourmill a case was registered in reference to the death of deceased Jagdev Singh. After completion of investigation accused-respondents were charged for the aforesaid offences.

(3.) POSTMORTEM examination of the victim/deceased was conducted on 13.05.2001 and as per PW-1, Dr. Raman Sharma, who conducted the postmortem examination, contusions were noticed over both front of mid legs of size of 2x1 cm each and reddish blue in colour. Contusion of size of 2x2 cm was also noticed on the skull, in the parietal area. In the opinion of PW-1 (Dr. Raman Sharma), the cause of death of the victim/deceased was by suffocation and PW-1 in his cross-examination reiterated the same cause, however, he has denied the suggestion that such suffocation could have taken place if food could have stuck into the mouth and have blocked the air passage of the victim/deceased.