SOHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PRESENT appeal filed against the judgment and sentence passed by learned Additional Sessions Judge Fast Track Court Una in Sessions Case No. 5/2008 titled State vs. Sohan Lal decided on dated 12th December, 2008.

(2.) IT is alleged by the prosecution that on dated 6.11.2007 at about 6.30 PM at place Dharampur accused committed murder intentionally and knowingly by causing the death of Shri Bakhshish Chand son of late Amar Chand resident of village Dharampur P.S. Haroli with the help of Barchha (Sharp edged weapon). It is alleged by prosecution that on dated 6.11.2007, at about 1 PM accused and deceased Bakhshish Chand were drinking wine and while drinking wine accused started abusing his wife Shanti Devi and also beaten her upon which deceased intervened and tried to pacify the accused. It is alleged by prosecution that in the evening at about 6/6.30 PM when deceased was sitting on cot in his courtyard accused came with Barchha (Sharp edged weapon) in his hand and started abusing the deceased and told the deceased that why he interfered between him and his wife. It is further alleged by prosecution that thereafter accused had given a barchha (Sharp edged weapon) blow at the abdomen of deceased and deceased fell down on ground. It is further alleged by prosecution that thereafter accused fled away from the spot and threw the spear (Sharp edged weapon) at the spot. It is alleged by prosecution that PW 2, PW 11 and PW 12 were also present at the spot. It is further alleged by prosecution that thereafter deceased was brought to District Hospital Una and rapat Ext. PW 14/A was recorded in police station. It is further alleged by prosecution that thereafter H.C. Pawan Kumar PW 13 along with other police officials reached at District Hospital Una and moved an application Ext. PW 13/A to medical officer concerned for issuance of MLC and also inquired from Medical Officer whether deceased was fit to make statement or not. It is further alleged by prosecution that medical officers had declared that deceased was not fit to give statement. It is alleged by prosecution that in District Hospital Una accused was medically examined by Dr. Indu Bhardwaj PW 2 who issued MLC Ext. PW 2/A and referred the deceased to PGI Chandigarh but on way to Chandigarh deceased died near Ropar. It is alleged by prosecution that thereafter on dated 7.11.2007 PW 13 came to District Hospital Una and filled in the inquest form and moved an application Ext. PW 3/A to SMO Una for conducting post mortem of deceased. It is further alleged by prosecution that after conducting post mortem of deceased dead body of deceased was handed over to his relative. It is alleged by prosecution that PW 13 also received viscera and clothes of deceased along with post mortem report from doctor concerned and handed over the same to PW 14 who had further investigated the case. It is also alleged by prosecution that on 6th November 2007 PW 13 went to the spot and recorded statement of PW 1 Radha Devi Ext. PW 1/A under Section 154 Cr.P.C. and sent the same to P.S. Haroli through C. Gurmail Singh for registration of case and FIR Ext. PW 14/A was registered. It is alleged by prosecution that spear (Sharp edged weapon) Ext. P1 which was thrown by accused was kept by Radha Devi in a side by picking the same from the spot and same was took into possession vide recovery memo Ext. PW 1/B. It is further alleged by prosecution that PW 14 prepared sketch of barchha (sharp edged weapon) Ext. PW 1/C and thereafter sealed in a piece of cloth with seal 'H' in presence of PW 1 and PW 12. It is further alleged that seal after use was handed over to PW 12. Prosecution further alleged that PW 14 also took photographs of spot and conducted videography at the spot as well as of dead body through PW 5 H.C. Ashok Kumar. It is further alleged that photographs are Ext. PW 15/A -1 to Ext. PW 15/A -7 and video cassette is Ext. PW 5/B. It is further alleged that thereafter PW 14 inspected the spot and prepared spot map Ext. PW 14/D. It is further alleged that PW 14 took into possession the sample of blood on piece of paper which was lying on earth and put the same into an empty match box Ext. P6 and thereafter match box was sealed with seal 'T' and seizure memo Ext. PW 12/A was prepared to this effect in presence of PW 12. It is further alleged that during investigation Babli Devi wife of Rajinder Kumar had produced her blood stained clothes i.e. shirt Ext. P7 and salwar Ext. P8 to Investigating officials and same were took into possession vide recovery memo Ext. PW 12/B. It is further alleged that during investigation Smt. Kanta Devi wife of deceased also produced her blood stained clothes i.e. shirt Ext. P4 and salwar Ext. P5 to Investigating Agency which was recovered vide recovery memo Ext. PW 11/A. It is further alleged by prosecution that Investigating Officials sealed clothes in parcels and seal impressions took in a piece of cloth Ext. PW 14/E. It is further alleged that PW 14 deposited all sealed parcels in police station with MHC. It is further alleged by prosecution that post mortem of deceased was conducted in District Hospital Una by PW 3 Dr. D.K. Sharma and Mr. Umesh Gautam vide post mortem report Ext. PW 13/A. It is also alleged by prosecution that as per opinion of PW 2 Dr. Indu Bhardwaj and PW 3 Dr. D.K. Sharma injury on lower part of abdomen on left side was possible with spear (Sharp edged weapon) Ext. P1 and injury was sufficient to cause death in ordinary course of nature. It is also alleged by prosecution that jamabandi Ext. PW 4/a and tatima Ext. PW 4/B took into possession vide seizure memo. It is further alleged that wife of accused Shanti Devi produced a pant Ext. P2 and shirt Ext. P3 to Investigating officials which were worn by accused at the time of incident and same were took into possession vide seizure memo Ext. PW 1/D. It is alleged by prosecution that parcels were sent to FSL Junga for chemical examination and human blood was found on all articles i.e. clothes as well as spear (Sharp edged weapon) Ext. P1.

(3.) PROSECUTION examined as many as fourteen witnesses in support of its case and accused produced one defence witness: -