STATE OF HIMACHAL PRADESH Vs. GAURJA DEVI

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal has been granted under Section 378 (3) of the Code of Criminal Procedure, against the judgment dated 22.3.2005 passed by the learned Sessions Judge, Mandi, in Sessions trial No. 33 of 2002, acquitting the accused/respondent for offences under Sections 452 and 302 of the Indian Penal Code (in short called IPC), in reference to FIR No. 15/2002 dated 3.1.2002. The prosecution case, in brief, is that on 2.1.2002 at about 6.15 P.M. the accused visited the house of Maya Ram with one Hira Lal who was carrying 'Dholaki ' and 'Chimta ' of the deity Deotsidh which had been donated by the son of the accused. When she went to the house of Maya Ram, Hira Lal left the 'Dholaki ' and 'Chimta ' before the Diety Deotsidh which had been installed at the house of Maya Ram (deceased) and at that time Maya Ram was all alone and was standing in the corridor of his house. Accused came under the influence of deity and started vibrating her body. Next morning Maya Ram was lying dead in the corridor outside the house of Maya Ram and Panchho Devi, wife of deceased Maya Ram, returned home and at her instance information was given to Nabal Kishore, son of the deceased, who thereafter made a complaint to the police on 3.1.2002 at 1.30 P.M. by way of Ex.PA. After investigation, accused/respondent was charged for the aforesaid offences and the case was committed to Sessions Court.

(2.) IN order to prove its case, the prosecution has examined as many as 14 witnesses, whereas, in his statement under Section 313 Cr.P.C., the accused/respondent denied the prosecution case and examined one defence witness.

(3.) DR . Jawanand (PW10), Medical Officer, Zonal Hospital, Mandi, after conducting the post mortem examination of the body of the deceased, who was aged about 74 years, has noted the following injuries: