STATE OF HIMACHAL PRADESH Vs. HUKAM CHAND @ HUKKA

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 11.6.2004 accused was put to trial. In terms of judgment dated 16.4.2005, passed by the Sessions Judge, Hamirpur, H.P. in Sessions Trial No. 2 of 2005, titled as State versus Hukam Chand @ Hukka, accused stands acquitted of the charged offence.

(2.) It is the case of prosecution that Sh. Munshi Ram used to reside in village Kharwar along with his wife Smt. Panno Devi (PW-1). Sh. Munshi Ram had two sons namely Hukam Chand (the accused) and Sh. Bidhi Chand (PW-3). Both Hukam Chand and Sh. Bidhi Chand were residing separately in different houses at different places. However, accused who was serving in the Army and had also constructed his house adjacent to the house of his father Sh. Munshi Ram in the village. Sometime in the month of June, 2004 accused had come home. He demanded his share in the landed estate of his father and also threatened to kill Sh. Munshi Ram in case his demands were not met. On 11.6.2004 Smt. Panno Devi left for the temple at about 10 10.30 a.m. On her return at about 4.00 p.m. she found her husband lying on the floor and blood oozing out from his mouth and nose. She tried to give water to him but found him dead. Thereafter she raised hue and cry, hearing which Sh. Bidhi Chand (PW-3) arrived at the spot. Smt. Panno Devi informed Sh. Madan Lal (PW-2) Pradhan of Gram Panchayat who in turn telephonically informed the police at Bhoranj on the basis of which daily diary entry (Ext. PW 12/A) was entered by SHO-Gian Chand (PW-12) who proceeded to the spot along with SI-Dalel Singh (PW- 9). SHO-Gian Chand carried out investigation on the spot, recorded the statement of Smt. Panno Devi under Section 154 Cr.P.C. (Ext. PW 1/A) and handed it over to SI-Dalel Singh for being taken to police station on the basis of which F.I.R. No. 103/04, dated 11.6.2004 (Ext. PW 10/A) was registered under Sections 302 IPC, at Police Station Bhoranj, by SI-Kuldip Singh (PW-10). SHO-Gian Chand (PW-12) got the spot photographed from Sh. Sanjay Kumar (PW-8) who took photographs (Ext. PW 8/1 to 8/8). Inquest reports (Ext. PW 2/B and 2/C) were prepared. The dead body was sent for post mortem which was conducted by Dr. C. R. Verma (PW-5) who issued report (Ext. PW 5/B). SHO-Gian Chand (PW-12) found certain empty bottles of liquor, stubs of cigarette etc. on the spot which he collected after sealing it in a parcel. Blood stained clothes worn by the deceased were collected by the police and impression of finger prints of the accused were taken. Clothes of the deceased were sent to the Forensic Science Laboratory for analysis and report (Ext. PW 5/D and 12/H) obtained by the police. Empty liquor bottles (Ext. P-5 and P-6) along with the finger prints of the accused were sent to an expert and report (Ext. PW 12/G) of Director Finger Prints Bureau, Phillaur obtained. Significantly accused was arrested on 12.6.2004, who in police custody made disclosure statement (Ext. PW 2/J) dated 15.6.2004 which further resulted into recovery of blood stained shoes (Ext. P-13). After completion of necessary investigation challan was presented in the Court for trial.

(3.) The accused was charged for having committed offence punishable under Section 302 IPC to which he did not plead guilty and claimed trial.