NIKHIL SONI Vs. STATE OF H.P.

JUDGEMENT

(1.) Both appeals filed against the same judgment and sentence passed by learned Sessions Judge Hamirpur in sessions Trial No. 12 of 2008 titled State of HP Vs. Nikhil Soni and another decided on 25.10.2008. Hence both appeals are consolidated and dispose of by way of same judgment in order to avoid repetition.

(2.) It is alleged by the prosecution that on dated 16.4.2008 at about 8.30 PM at Sujanpur near Post Office the accused persons intentionally and knowingly caused the death of Rajesh Kumar son of Sh Hari Chand resident of Ward No. 2 Baba Swarup Gir locality Sujanpur District Hamirpur HP. It is alleged by prosecution that deceased Rajesh Kumar @ Kaku was working along with his father in the tea shop at Sidhu Chowk Sujanpur and on dated 16.4.2008 he had gone to the market at Sujanpur at about 8.15 PM and sister of deceased Seema Kumari had gone to the shop for cleaning utensils and was sitting on a bench outside the shop and her parents were sitting inside the shop. It is alleged by prosecution that accused persons came on a bike from post office side towards the shop of deceased Rajesh Kumar. It is alleged by prosecution that PW1 Seema Kumari heard the cries of quarrel and on hearing such cries she ran towards the place from where the cries were coming and when she reached near post office Tyala (Small platform) she found that accused persons were giving beating to deceased Rajesh Kumar with kick and fist blows and deceased was lying on the ground with face upward the sky. It is alleged by prosecution that PW1 Seema Kumari asked accused persons as to why the accused persons were beatings her brother deceased Rajesh Kumar and thereafter she cried for help and when she raised alarm accused persons driven the bike on the road by pushing PW1 Seema Kumari and fled away towards Hamirpur side. It is alleged by prosecution that PW1 Seema Kumari asked her deceased brother Rajesh Kumar about the reason of beating by accused persons and thereafter deceased told his sister PW1 Seema Kumari that accused persons had called the deceased a drunkard and in reply the deceased called accused persons as blind thereupon quarrel took place. It is alleged by prosecution that thereafter deceased Rajesh Kumar became unconscious. It is alleged by prosecution that thereafter PW1 Seema Kumari came back to the shop and she called her mother. It is alleged by prosecution that thereafter mother and father of deceased Rajesh Kumar also came at the spot. It is alleged by prosecution that thereafter PW1 Seema Kumari also called her brother Raj Kumar and her sister Sunita Devi to the spot and thereafter deceased was lifted from the spot to the shop where he was laid on a bench. It is alleged by prosecution that thereafter Sh Surjit Singh medical practitioner was called to the shop who checked deceased Rajesh Kumar and advised them to take the deceased to hospital for medical treatment and thereafter deceased Rajesh Kumar was took to CHC Sujanpur. It is alleged by prosecution that thereafter medical officer CHC Sujanpur informed the police by way of telephone and thereafter daily diary report Ext PW5/A was recorded and ASI Karam Singh along with other police officials were deputed to visit the hospital. It is alleged by prosecution that thereafter ASI moved an application Ext PW11/A for conducting medical examination of deceased Rajesh Kumar and also sought the opinion of the medical officer whether the deceased was fit to make the statement or not. It is alleged by prosecution that medical officer had given the opinion that deceased was not fit to make the statement. It is alleged by prosecution that thereafter medical officer referred deceased Rajesh Kumar to Rajinder Prasad Medical College and Hospital Tanda. It is alleged by prosecution that thereafter statement of PW1 Seema Kumari Ext PW1/A was recorded and thereafter FIR Ext PW20/A was registered against accused persons at Police Station Sujanpur. It is alleged by prosecution that deceased Rajesh Kumar died in the way to Tanda hospital and inquest papers Ext PW8/A and Ext PW21/A were prepared and an application Ext PW18/A was filed for conducting autopsy on the body of deceased Rajesh Kumar. It is alleged by prosecution that post mortem of deceased Ext PW18/B was conducted and final opinion Ext PW18/D was obtained. It is alleged by prosecution that thereafter Investigating Officer visited at the spot on dated 17.4.2008 and prepared spot map Ext PW22/B. It is alleged by prosecution that dead body of the deceased was got photographed vide Ext PW6/A-1 to A-5 and negatives are Ext PW6/A-6 to A/10. It is alleged by prosecution that MHC sent the viscera of deceased Rajesh Kumar along with relevant papers to Forensic Science Laboratory Junga vide road certificate Ext PW13/C. It is alleged by prosecution that thereafter application Ext PW16/A was moved to Tehsildar for obtaining tatima and jamabandi and thereafter tatima Ext PW16/B and jamabandi Ext PW16/C obtained from halqua Patwari namely Prabhat Chand. Charge was framed against the accused persons by learned Sessions Judge Hamirpur on dated 7.8.2008 under Section 302 read with Section 34 IPC. Accused persons did not plead guilty and claimed trial.

(3.) Prosecution examined as many as twenty two witnesses in support of its case: <FRM>JUDGEMENT_59_LAWS(HPH)12_2014_1.html</FRM>