STATE OF H.P. Vs. MAIKY LAL, S/O SH. BARSUKH, RESIDENT OF VILLAGE (BHAUTA) JAISHKUN, TEHSIL DODRA KWAR, DISTRICT SHIMLA, H.P. AND JAI LAL, S/O SH. MAIKY LAL, RESIDENT OF VILLAGE (BHAUTA) JAISHKUN, TEHSIL DODRA KWAR, DISTRICT SHIMLA, H.P.

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment, dated 30.01.2004, passed by the learned Additional Sessions Judge, Fast Track Court, Shimla, H.P. in Sessions Trial No. 19 -S/7 of 2003, whereby the respondents, who were charged with and tried for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, have been acquitted. Case of the prosecution, in a nut -shell, is that Mansukh was married to PW -1, Narpati. He had two daughters from his first wife. Mansukh has contracted second marriage, since he was not having any male issue. From the second marriage, he had three sons. Initially, Maiky Lal and other bradri members of his family had cordial relations with Mansukh (deceased), but when sons were born from the second marriage, they started bearing grudge against him. Maiky Lal and others had intention to grab his property.

(2.) On 09.04.2003, at about 7:00 p.m., the deceased returned to his house from the fields. Accused Jai Lal alongwith Puran Lal (Juvenile Offender) called him on the pretext that their father, accused Maiky Lal had a work with him. Thereafter, Mansukh went to the house of Maiky Lal. When PW -1, Smt. Narpati was waiting for her husband, her step daughter, PW -2, Smt. Shankamani also reached. She inquired about her father. She was told that Jai Lal and Puran Lal had taken him to their house. PW -1, Smt. Narpati and PW -2, Smt. Shankamani took their dinner and were waiting for Mansukh. At about 11:00 p.m., when Puran Lal came towards his house, PW -1, Smt. Narpati asked him about her husband. He told that they have made Mansukh to lie down on the ground (lamba dal diya hai). Thereafter, he returned to his house. They thought that they had made Mansukh to sleep in their house. When they were going to sleep, they heard the cries coming from the house of accused Maiky Lal. They came out of their house and ran towards the house of Maiky Lal. They saw that Mansukh was being given beatings by Maiky Lal, Jai Lal and Puran Lal with fist and kick blows in the Verandah of the house. The accused persons threw Mansukh from the Verandah and his face struck against a stone of the Khalyan and blood started oozing out. The accused persons had proclaimed that they had fulfilled their desire by killing Mansukh. Mansukh was taken to house where he was put on a cot. In the morning, when he regained consciousness, he told that accused had mercilessly beaten him. PW -2, Smt. Shankamani called Bal Chand and Gian Chand and told them about the incident. The arrangements were made to take Mansukh to the hospital. He died at 11:00 a.m. Thereafter, Inspector Manohar Lal, SHO, Police Station, Rohru reached the spot on 11.04.2003. He recorded the statement of the complainant, on the basis of which, FIR was registered. Inquest report was prepared. The clothes of the deceased were also taken into possession. The challan was put up after receiving the Chemical Examiner's report and after completing all the codal formalities.

(3.) MR . Vivek Thakur, learned Additional Advocate General has strenuously argued that the learned trial Court has misread the evidence led by the prosecution. According to him, the prosecution has proved its case against the accused persons.