RAVISH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment rendered by the learned Sessions Judge, Kinnaur, Sessions Division at Rampur Bushahr, in Sessions Trial No. 9 of 2008, on 9.6.2009, whereby the appellant -accused (hereinafter referred to as accused) who was charged with and tried for offence under Section 302/34 IPC alongwith Sushil Kumar, Rockey and Ajender Singh, was convicted and sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/ - and in case of default of payment of fine, he was ordered to undergo simple imprisonment for one year. Accused Sushil Kumar, Rockey and Ajender Singh were acquitted of the charge.

(2.) THE case of the prosecution, in a nut shell, is that Sh. Dalip Kumar son of Sh. Dayal Singh was living in tenanted premises at hospital road Reckong Peo. On 12.8.2007 at about 5:00 PM, PW -4 Sanjay Kumar, complainant and his mother Raj Kumari had met Sh. Dalip Kumar in Sabzi Mandi area in Reckong Peo. The complainant is younger brother of Sh. Dalip Kumar. Sh. Dalip Kumar had asked PW -4 and his mother to go to the quarter. Dalip Kumar had supplied the key of the quarter to PW -4 and had informed his mother and brother that he would be reaching the quarter after some time. It is alleged that Sh. Dalip Kumar had gone to Sangam Bar and Restaurant at hospital road at about 6:00 PM. PW -2 Harbans Singh is the owner/proprietor and Manager of Sangam Bar and Restaurant. Sh. Dalip Kumar asked PW -2 to supply him 10 -15 chapattis in a packet. Thereafter, he had visited the Bar and cabins situated therein. PW -5 Anil Kumar and PW -6 Vijay Negi were taking liquor in one of the cabins of the Bar. Sh. Dalip Kumar was friend of PW -5 and PW -6. He had consumed two pegs with them and had thereafter left for the counter. PW -2 was present at the Counter. The accused persons No. 1 to 4 were taking liquor in the Bar Room of the Restaurant. They had asked for half bottle of 8 PM IMF liquor. PW -2 had supplied 8 PM liquor bottle as per the order to the accused persons No. 1 to 4. Accused person No. 3 Sh. Ajender Singh was administered one fist blow by Dalip Kumar. Thereafter, accused persons namely Sushil Kumar, Rockey and Ravish Kumar started beating Dalip Kumar. PW -5 and PW -6 reached the counter and intervened. PW -2 Harbans Singh directed the accused persons and Dalip Kumar to get out of the Restaurant and Bar. The accused persons and Dalip Kumar stepped out of the Restaurant and PW -2 raised the bill. Thereafter, PW -2 started closing the Bar Room. Accused No. 1 and his three companions again picked up a quarrel with Sh. Dalip Kumar. PW -5 and PW -6 stepped out of the Bar and saved Sh. Dalip Kumar from the clutches of accused persons. The quarter of Sh. Dalip Kumar was at some distance from the Bar of PW -2. PW -5 Anil Kumar accompanied Sh. Dalip Kumar upto a curve above the Bar. Sh. Dalip Kumar wanted to smoke and sat down for smoking alongwith PW -5 Anil Kumar. Accused Sushil Kumar and Ajender Singh visited him and felt sorry for the occurrence. As soon as the accused persons No. 1 & 3 left Sh. Dalip Kumar, the accused Sh. Ravish Kumar armed with bottle Ext. P -3, reached the spot and inflicted blow of bottle on the head of Sh. Dalip Kumar and ran away. He had thrown the bottle at some distance. PW -5 Anil Kumar asked Dalip Kumar if he had suffered injury. Sh. Dalip Kumar stated that he was well and left for his quarter. PW -5 Anil Kumar informed PW -6 Vijay Negi that accused person Ravish Kumar had inflicted blow of bottle on the head of Sh. Dalip Kumar. Sh. Surinder Kumar was friend of Dalip Kumar. Sh. Surinder Kumar reached the quarter of Dalip Kumar at about 10:00 PM. By that time, Dalip Kumar had also reached. Sh. Dalip Kumar had started feeling uneasy and he wanted to vomit out but had not been able to do so. His Jacket Ext. P -1 was torn. There were marks of blood on the trouser Ext. P -2 of Sh. Dalip Kumar. PW -4 and his mother asked Dalip Kumar about the injuries on his person. He informed PW -4 Sanjay Kumar and his mother that accused person No. 3 had picked up a quarrel with him. Sh. Dalip Kumar had gone to the bed and started snoring. PW -4 Sanjay Kumar and his mother asked Sh. Dalip Kumar to get up at about 5 -6 AM on 13.8.2007 but he was not responding. PW -4 Sanjay Kumar and Surinder Kumar then contacted PW -7 Dr. Surya Prakash Negi. PW -7 Dr. Surya Prakash Negi reached the quarter of Sh. Dalip Kumar and found serious injury on the head and directed PW -4 and his mother to take him to the District Hospital immediately. The Medical Officer admitted Sh. Dalip Kumar at 7:30 AM. He found serious injury on the head of Dalip Kumar. The patient required expert treatment at I.G.M.C. Sh. Dalip Kumar died at 9:15 AM on 13.8.2007. The police was informed. PW -19 Sukhdarshan Singh, SHO alongwith his men reached District Hospital. PW -19 Sukhdarshan Singh had taken into possession the dead body and requested the Medical Officer for post mortem examination. PW -19 Sukhdarshan Singh recorded statement of PW -4 Sanjay Kumar under Section 154 Cr.P.C. vide statement Ext. PW -4/A. He forwarded the same to Police Station for registration of FIR. Accused persons No. 3 & 4, namely, Ajender Singh and Ravish Kumar had absconded. The police arrested accused persons No. 1 & 2 who made disclosure statements Ext. PW -3/A and Ext. PW -3/B and recovered the bottle. Bottle Ext. P -3 was recovered vide recovery memo Ext. PW -3/C. The bottle was sealed. The Post mortem was conducted on the body of the deceased. The Medical Officer preserved the viscera of the deceased for chemical analysis. The bottle Ext. P -3 was sent to Finger Prints Bureau, Phillaur. The Director, Finger Prints Bureau, stated that finger prints available on the bottle were smudged and not fit for comparison. Thereafter, the bottle Ext. P -3 was sealed in a sealed cover and sent to FSL, Junga. Viscera of the deceased and his clothes had also been sent for chemical analysis. On receipt of the report of the Chemical Examiner, PW -20 Dr. Harjinder Singh opined the death of Sh. Dalip Kumar due to head injury. The investigation was completed and after completing all the codal formalities, challan was put up.

(3.) MR . Jagdish Vats, Advocate, appearing on behalf of the appellant has vehemently argued that the prosecution has failed to prove its case. On the other hand, Sh. Ramesh Thakur, Asstt. AG, has supported the judgment of the learned trial Court dated 9.6.2009.