STATE Vs. LOBSANG SHARAP

JUDGEMENT

(1.) THIS is an appeal by the State against the judgment dated 24th October 1970 of the Sessions Judge Kangra, acquitting the accused Lobsang Sharap (60 years) of the charges under Sections 302 and 309 of the Indian Penal Code for committing the murder of one Lobsang Zimba (35 years) on 20th June, 1968 and thereafter attempting to commit suicide by inflicting injuries on his person.

(2.) THE prosecution case was that both the accused and the deceased as well as many others were Tibetans and were occupying a building known as 'alamanzil,' Dalhousie their resting house as they were patients of tuberculosis. The accused Lobsang Sharap was deputed to distribute ration to his fellow Tibetans. The deceased Lobsang Zimba from sometime before 20th June, 1968 was in the service of some tourists who had arrived in Dalhousie and everyday in the evening he used to take for a stroll a young child of one of the tourists. The deceased used to be accompanied by a fellow-Tibetan child (6 years) by the name Chima Chharing (P. W. 18 ). They used to return to Alamanzil at about 8 P. M. everyday. Accordingly on 20th June 1968 both of them had returned at about 8. 30 P. M. and when the deceased Lobsang Zimba was entering the 'kothi' Alamanzil and reached the staircase, he was asked by the accused from where he was coming. Before the deceased could reply, it is stated that the accused Lobsang Sharap gave him a blow by the dagger which he was holding, on his back below the left shoulder. After receiving the wound, the deceased fell down over the staircase while the accused ran away. The lad Chima Chharing saw the occurrence. The accused had also raised an alarm by shouting that he was being killed. Several Tibetans including Tashi (P. W. 19) and Namla (P. W. 20) Mad arrived and the lad narrated to them how the incident took place. It is stated, that these two persons also saw the accused running away with the dagger in his hand. However, they did not give a chase, nor did they raise any alarm. The accused thus made good his escape. One Dawa who was the leader of the camp, thereafter went to the Police Station and lodged the First Information Report (Ex. P. U.) and came back to the scene of occurrence along with the police. Soon after the assault. Lobsang Zimba had died and was lying with face downwards over the flight of stairs which he had attempted to negotiate. After completing the preliminary investigation at the spot, it is stated, that the police followed the trail of blood which was found lying on the ground and they reached near another 'kothi' which is known as Mary Villa. At that spot reclining against a stone wall, the accused was found lying in an unconscious state. Injuries were noticed on the rikull chest and genital organs of the accused. He was removed to the hospital. It was stated that the accused made a disclosure statement at the hospital, and as a result to that, the investigating officer searched out the dagger which was found lying by the side of a bush at some distance below Alamanzil. In this manner, the recovery of the dagger Was made. The investigating officer also found a piece of stone embedded in that wall smeared with blood and some human hair were also found mashed in it. Accordingly the said stone along with blood and pieces of hair, was recovered and was subsequently sent to the chemical examiner for report. It is stated that the condition of the accused was found serious and the investigating officer reported to the Sub-Divisional Magistrate one Shri P. Chakaravarti (P. W. 2) for recording his dying declaration. Accordingly the said Magistrate went to the hospital and recorded the statement (Ex. PL) of the accused on 20th June, 1968. The accused, however subsequently recovered and was prosecuted for the offence of murder and also far attempting to commit suicide.

(3.) THE defence of the accused was one of denial. He did not even admit that he gave any statement to the Magistrate. Rather he stated that he was sleeping outside 'kothi' Alamanzil as it was sufficiently warm inside Some persons whom he could not know, inflicted injuries upon his person while he was sleeping. He had run from the spot because he was afraid of his life. That is how he was found lying near Mary Villa and was arrested from there.