OM PARKASH Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment rendered by the learned Addl. Sessions Judge(I), Kangra at Dharamshala, dated 14.10.2008 and consequent order dated 30.10.2008, in Sessions Case No. 2-J of 2008, whereby the appellant-accused (hereinafter referred to as the accused) who was charged with and tried for offences under Sections 380, 454 and 302 IPC, has been convicted and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 20,000/- under Section 302 IPC. He was acquitted for want of evidence for commission of offence punishable under Section 380 and 454 IPC.

(2.) The case of the prosecution, in a nut shell, is that complainant Jyoti Devi (PW-1) and her mother Giano Devi had gone for work in the fields of Narender Thakur, resident of Village Mohtali. They returned to their house at about 6:30 PM. They found the lock and bolt of their door broken. When they entered the room they found the lock of their steel box broken from which cash amounting to Rs. 1,000/- and some ornaments were found missing. The accused came there in a drunken condition at about 7:30 PM and Smt. Giano Devi mother of the complainant asked the accused as to where he had kept her ornaments and cash amounting to Rs. 1000/-. The accused became furious and started hurling filthy abuses. He picked up a brick and gave its blow on the head of Giano Devi above the eye. She fell down and became un-conscious. The complainant raised hue and cry on which Vikram Singh, Moti Ram and Raj Kumari came on the spot. They had taken Giano Devi injured to the hospital and got her admitted in Tilak Hospital, Pathankot for treatment. The accused while running from the spot after hitting Giano Devi with a brick was hit by the complainant with a stone which caused injury to him in his head. Thereafter, the complainant went to Tilak hospital, Pathankot with her cousin and at that time her mother was still un-conscious and was not in a position to talk. She disclosed that her mother had been hit by the accused with a brick. The matter was brought to the notice of the police and rapat No. 21 was entered in roznamcha register on 19.7.2007 at about 1:30 AM vide memo Ext. PW-10/A. The police also recorded the statement of complainant Jyoti Devi Ext. PW-1/A and sent it to the police station. Thereafter, police moved an application Ext. PW-2/A before the Doctor of Tilak Hospital, Pathankot to ascertain whether Smt. Giano Devi was in a position to give statement or not. The doctor gave his opinion vide Ext. PW-2/A and declared that Smt. Giano Devi was unfit to make statement. Thereafter, Smt. Giano Devi was shifted to Civil Hospital, Pathankot, where she was admitted at about 7:10 AM on 19.7.2007. She died at 10:30 AM. This fact was brought by the Medical Officer, to the notice of SHO Indora, vide writing Ext. PW-15/A. The police also went to Civil Hospital, Pathankot and inspected the dead body and took its photographs. The application was also moved for conducting the post mortem on the dead body and weapon from the spot i.e. brick Ext. P-1 was recovered. The accused was arrested. He was medically examined. His shirt Ext. P-9 was produced by his wife Neeta Devi before the police which was sealed. The matter was investigated and thereafter the challan was put up after completing all the codal formalities.

(3.) The prosecution has examined as many as 16 witnesses to prove its case. The accused was also examined under Section 313 Cr.P.C. to which he pleaded not guilty and examined one witness in support of his defence. The learned Trial Court convicted and sentenced the accused, as stated hereinabove. Hence, the present appeal.