STATE OF HIMACHAL PRADESH Vs. BALJIT SINGH

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 15.07.2004, passed by the learned Additional Sessions Judge (1), Kangra at Dharamshala, H.P. in Sessions Case No. 7-J/04, 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 nutshell, is that on 31.10.2003 at about 8:55 p.m., Kuldip Singh (deceased), son of Shri Ran Singh, reported at Police Station, Jawali vide rapat roznamcha No. 27, dated 31.10.2003, Ex. PW-6/A that he was a resident of village Sihal and was residing adjacent to the house of one Nirmla Devi and they have their common Courtyard. On 31.10.2003, at about 5:00 p.m., he, his wife and his children were present at home and they were removing some soil from their Courtyard. In the meantime, Nirmla Devi and her two sons, namely, Baljit Singh and Balbir Singh asked them to vacate the house. Nirmla Devi and her two sons, namely, Baljit Singh and Balbir Singh, who were armed with dandas, started beating him. Nirmla Devi gave him beating with a wooden piece used for washing the clothes (Dhonu), Ex. P-1. He sustained injuries on his head, feet and other parts of the body. The blood also started oozing out from the injuries. His daughter, Sarika (PW-5) was also present on the spot. She was also given beatings by them. In the meantime, neighbours came on the spot and thereafter, Nirmla Devi and her two sons went to their house. After some time, Urmila Devi (PW-6) also reached the spot. She arranged a Vehicle and they came to the Police Station to report the matter. Kuldip singh (deceased) was taken to hospital for medical examination. He was examined by PW-1, Dr. Sucha Singh, who issued M.L.C. Ex. PW-1/A. Nirmla Devi also visited the Police Station on the same day at about 8:30 p.m. Her report was also entered in Police Chowki, Fatehpur vide rapat No. 14, Ex. PW-15/A. According to her, Kuldip Singh was excavating part of his Courtyard and he was threatening to excavate the same forcibly. When she tried to stop Kuldip Singh from doing so, he became furious and tried to give her hammer blow, however, she rescued herself and Kuldip Singh due to his own force struck with wall of the Courtyard and fell down on the stones. Kuldip Singh was discharged from Jawali hospital and was referred to Zonal Hospital, Dharamshala by the doctor concerned. He died on his way to Dharamshala. The dead body was sent for post mortem examination. PW-2, Dr. Suman Saxena conducted the post mortem and issued port mortem report Ex. PW-2/A. The photographs of the dead body were also taken vide Ex. PW- 12/A-1 to Ex. PW-12/A-6. The Investigating Officer also took into possession from Urmila Devi, wife of the deceased shirt Ex. P-6, pajama, Ex. P-7 and under vest, Ex. P-8 having blood stains of deceased. He also recovered wooden Fatti, Ex. P-2 vide seizure memo Ex. PW-5/A. On the basis of disclosure statement of accused Baljit Singh, Ex. PW-7/A, the I.O. has recovered hammer Ex. P-5 vide seizure memo Ex. PW-5/B. The I.O. has also recovered a Dhonu (wooden piece) Ex. P-1, which was produced by Nirmla Devi. It was taken into possession vide seizure memo Ex. PW-10/A. The F.I.R. Ex. PW-16/A was recorded. The challan was put up after completing all the codal formalities.

(2.) The prosecution has examined 16 witnesses to prove its case against the accused persons, the accused were also examined under Section 313 of the Criminal Procedure Code. The learned Additional Sessions Judge (1), Kangra at Dharamshala, H.P. acquitted The respondents. 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 parties.