STATE OF HIMACHAL PRADESH Vs. NARESH ALIAS CHUHRA SON OF SHRI GANGU RAM, RESIDENT OF VILLAGE DHAULA KUAN, TEHSIL PAONTA SAHIB, DISTRICT SIRMOUR, H.P.

JUDGEMENT

(1.) FOR offences, which are alleged to have been committed on 9th February, 2005, accused was put to trial.

(2.) In terms of judgment dated 26th December, 2005, passed by Sessions Judge, Sirmour District at Nahan, in Sessions Trial No. 17 -ST/7 of 2005, titled as State of Himachal Pradesh versus Naresh, accused stands acquitted of the charged offences. It is the case of prosecution that Prem Chand (PW -3) had two brothers Tula Ram (deceased) and Gangu Ram, who used to reside in village Dhaula Kuan, Tehsil Paonta Sahib, District Sirmour. Deceased was unmarried and used to reside in a house adjoining to the house of Prem Chand. Gangu Ram was having two sons, i.e. present accused Naresh and his accomplice Ram Singh (Juvenile). On 9th February, 2005, at about 7 p.m. deceased, was sitting in his house alongwith Kumari Pooja (PW -2) daughter of Prem Chand (PW -3). At that time, present accused and Ram Singh came started beating to Tula Ram with the dandas, which they were carrying in their hands. As a result of the same, Tula Ram sustained injuries and started bleeding. Hearing his cries and commotion, PW -3 and neighbour Devi Dayal (PW -11) reached the spot. The incident was also witnessed by them. Thereafter, Prem Chand called driver Rajesh (PW -9) and requested him to take Tula Ram to the Hospital at Paonta Sahib, where Dr. K.L. Bhagat (PW -8) examined and further referred the deceased to the hospital at Nahan. Dr. Bhagat issued MLC (Ex. PW -8/A). Tula Ram was thereafter taken to Zonal Hospital, Nahan, where unfortunately he succumbed to his injuries. Dr. R.K. Baria (PW -7) conducted postmortem of the dead boyy of the deceased and issued postmortem report (Ex. PW -7/B). In the meanwhile, police was telephonically informed about the incident at Police Station Paonta Sahib and Head Constable Raj Kumar (PW -14) went to the Community Health Centre at Paonta Sahib, where he moved application (Ex. PW -8/B) for recording the statement of Tula Ram, but the doctor did not certify him fit for the said purpose. Simultaneously, official of Police Post Majra were also informed on telephone about the incident and police officials, namely Gangbir Singh (PW -12), Satpal (PW15) and Gurbax Singh (PW -18) proceeded to the spot. Gurbax Singh (PW -18) took charge of the investigation. He went to the hospital and prepared inquest report (Ex. PW2/B), got postmortem of the dead body conducted and recorded statement (Ex.PW -2/A) of Prem Chand (PW -3), under Section 154 of the Code of Criminal Procedure, which was also signed by Kumari Pooja (PW -2). The said statement was sent to Police Station, Paonta Sahib, where FIR No. 49, dated 10th February, 2005 (Ex. PW -17/A), under Sections 452, 302 and 34 of the Indian Penal Code was registered. The spot was got photographed from Rajneesh (PW -1). On the spot police recovered samples of blood stained soil vide recovery Memo (Ex. PW -4/A) and seized two dandas (Ex. P -6 and P -7) vide recovery Memo (Ex. PW4/B). Recovered articles, including viscera, were sent to the Forensic Science Laboratory, Junga and report (Ex. PW18/C) of Chemical Examiner was obtained by the police. Police also recorded statements of the relevant witnesses. Investigation revealed complicity of the accused to the crime. Hence, challan was presented in the Court. The instant trial pertains only to accused Naresh, who was a major and his accomplice Ram Singh who is a juvenile must have been tried in accordance with law.

(3.) IN order to prove its case, prosecution examined as many as nineteen witnesses and statement of the accused, under Section 313 of the Code of Criminal Procedure was also recorded, in which he took up a defence of innocence and pleaded that the deceased was in fact beaten up by Prem Chand, who wanted to grab the property.