JAGAN NATH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) JAGAN Nath, aged about 20 years, has been convicted under Section 302 of the I. P. C. for the murder of Hiru and sentenced to imprisonment for life by the Additional Sessions Judge, Kangra, at Dharamsala, He appeals against the conviction and "sentence.

(2.) HIRU (deceased) was residing in village Dari with his family members. On 17th September, 1979 Hiru with his wife went for cutting grass. They returned as the sun was setting. On the way to their house falls their cattle shed. Hiru told his wife Geeta Devi to Proceed on to the house since he had to give fodder to the cattle, Geeta Devi, therefore, came alone to the house. All the family members waited for the return of Hiru Thinking that Hiru might come late. everyone went to sleep. Next morning Geeta Devi realised that Hiru had not returned home that night. She went to the cattle shed There she saw her husband lying dead. She noticed that his intestines had come out and the clothes were smeared with blood. Prakash Singh, Advocate, a neighbour of Hiru deceased, informed the police on the telephone,

(3.) ON receiving the telephonic information Sub-Inspector Amar Singh (P. W. 16), Station House Officer of police Station, Dharamsala, proceeded to the scene of crime. There he recorded the statement of Sheelo Ram (P. W. 2 ). father of the deceased and registered a case under Section 302 of the I. P. C. The Investigating Officer got the dead body photographed and prepared the inquest report. He sent the dead body for postmortem examination, Dr. Kartar Singh (PW 15 ). Senior Medical Officer, District Hospital Dharamsala, conducted the postmortem examination on 18th September, 1979. He noticed, an incised wound on the abdomen. He found the peritoneum cut and full of blood, He was of the opinion that death was due to the cutting of the intestines, which led to haemorrhage, shock and death. The injury was opined to be sufficient in the ordinary course of nature to cause death.