STATE OF HIMACHAL PRADESH Vs. RAJ KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 1st May, 2004, delivered by the learned Sessions Judge, Bilaspur, whereby he acquitted the accused of having conspired to commit the murder of Sham Lal by strangulation and causing injuries to his private parts on 9th May, 1998 between 8.00 and 10.00 p.m. in village Upperla Har Jamthal and of fabricating false evidence by trying to show that the deceased had consumed poison and committed suicide. The accused were charged with having committed offences punishable under Sections 302 and193 read with Sections 120-B of IPC.

(2.) BRIEFLY stated, the facts of the case are that deceased Sham Lal was the son of PW-9 Roshani Devi, who was earlier married to one Pohlo Ram. She had four children from her marriage with Pohlo Ram. After the death of Pohlo Ram she got married to Bardu Ram. She had three children out of the wedlock from Bardu Ram. Out of the three children, one was Sham Lal. Bardu Ram was earlier married to accused Sukh Dei but there was no male offspring from this union, therefore, accused Sukh Dei had adopted Sham Lal as her son. The prosecution story is that Bardu Ram had houses in two different villages and in one house he stayed with accused Sukh Dei and in the other village he stayed with PW-9 Roshani Devi. It is also not disputed that relations between Roshani Devi and Sukh Dei were quite cordial. Accused Tulsi Ram is the younger brother of Bardu Ram and accused Raj Kumar is the son of Tulsi Ram and thus was a nephew of Bardu Ram. The all lived in one joint family.

(3.) IT is alleged that on 9th May, 1998, the three accused persons in furtherance of common intention hatched conspiracy to commit the murder of Sham Lal by strangulating him and causing injuries to his private parts and thereafter to make it appear like a case of suicide. They forced the deceased to take poison after giving beatings to him and some poison was also thrown on his clothes to make it appear as if the deceased has consumed poison. At about 4.00 am on 10th May, 1998 accused Raj Kumar accompanied by Julphi Ram, Masta and two other persons went to the house of Roshani Devi. Julphi Ram told her that Sham Lal had consumed poison. Thereafter Roshani Devi sent her son PW-8 Anant Ram to report the matter to the police. PW-8 then got his statement under Section 154 Cr. P.C. recorded which is Ext. PW-4/A and on this basis FIR Ext. PW-4/B was lodged. The matter was thereafter investigated by PW-17 SI Keshav Ram, who prepared the report, took into possession certain substance which was stated to be vomit of the deceased and prepared site plan, seizure memo etc. The body of the deceased was sent for postmortem, which was conducted by PW-13 doctor P.S. Bains, who vide his report Ext. PW-13/B, opined that the deceased died due to asphyxia. It was also opined that since no poison was detected in the blood and in the internal organs like the livers, spleen and kidney, the poison may have been given at the terminal stage and since the stomach was full of food which was undigested and not suggestive of any vomiting that is alleged to have been lying outside in the vicinity of the house of the deceased.