STATE OF HIMACHAL PRADESH Vs. JAGDEV SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30.07.2005, passed by the learned Presiding Officer, Fast Track Court, Hamirpur (H.P.) in Sessions Trial No. 23 of 2002/39 of 2004, 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 net-shell, is that on 13.01.2002, at about 7:00 p.m., one Hazara Singh, husband of the complainant Meera Devi, asked the children to sing Lohari songs. The children started singing Lohari songs. Accused Jagdev Singh appeared on the spot and started abusing them. Accused Jagdish Chand also appeared at the spot and they started challenging Hazara Singh to come out of the house. The complainant Meera Devi prevented him from coming out. Thereafter, one Arjun Singh and his son also joined them and all of them started throwing stones. Accused Krishan Chand also joined the other accused and he also started throwing stones. One of the stones hit the head of the deceased Savitri Devi, mother-in-law of the complainant, as a result of which, she sustained serious injuries and the blood started oozing out from her head. She became unconscious. Thereafter, the accused ran away from the spot. The complainant and her husband picked up the accused and took her to Zonal Hospital, Hamirpur for treatment, from where she was referred to P.G.I., Chandigarh. She breathed her last on the way. The dead body was brought back to the Zonal Hospital, Hamirpur. The complainant reported the matter to the police and her statement Ex. PW-1/A was recorded, which led to the registration of F.I.R., Ex. PW-12/A. Savitri Devi was firstly examined at Zonal Hospital, Hamirpur vide M.L.C. Ex. PW-5/A. After her death, her post mortem was conducted vide post mortem report Ex. PW-4/A. The inquest report is Ex. PW-6/A. The site plan is Ex. PW-14/B. Two stones, Ex. P-1 and P-2 were also taken into possession by the police during the course of investigation. The report of the Chemical Examiner is Ex. PW-14/G. The investigation was completed and thereafter, the challan was put up after completing all the codal formalities.

(2.) The prosecution has examined as many as 14 witnesses to prove its case. Statements of the accused persons under Section 313 of the Criminal Procedure Code were also recorded. According to them, Hazara Singh was abusing the villagers. They raised objection and requested him not to abuse the villagers. Thereafter, his mother Savitri Devi came out. She fell down and sustained injuries, which led to her death. The accused were tried and the learned trial Court acquitted them vide judgment dated 30.07.2005. Hence, this appeal by the State.

(3.) Mr. Vivek Singh Thakur, learned Additional Advocate General has strenuously argued that the prosecution has proved its case against the respondents. According to him, the learned trial Court has not correctly appreciated the evidence led by the prosecution.