STATE OF H.P. Vs. TEJINDER SINGH

JUDGEMENT

(1.) Present appeal is filed against the judgment of acquittal passed by learned Additional Sessions Judge Solan HP in Sessions Trial No. 2-S/7 of 2007/08 titled State Vs. Tajender Singh decided on 28.7.2008.

(2.) Brief facts of the case as alleged by prosecution are that on dated 16.9.2007 at about 10.50 PM near Baba Balak Nath temple at Garkhal the accused committed culpable homicide not amounting to murder. It is alleged by prosecution that on dated 16.9.2007 deceased Narinder came on the motorcycle of his two companions to visit the temple of Baba Balak Nath situated at Garkhal. It is further alleged by prosecution that when deceased Narinder and other companions reached near temple at about 10.00 PM they stopped their motor cycles and thereafter one of the companion of the deceased namely Ashok Kumar took the fruits which were carried on the motorcycle. It is further alleged by prosecution that accused had consumed liquor at the time when he reached at the spot and told that the people used to spread filth at the spot and picked up quarrel with deceased Narinder. It is further alleged by prosecution that accused also used abusive language to deceased Narinder while quarrelling with him. It is further alleged by prosecution that companions of the deceased asked accused to let off Narinder but accused kept on quarrelling and started beatings to deceased Narinder with his hands and leg blows. It is further alleged by prosecution that thereafter companion Ashok Kumar, Dharminder proceeded to temple to take help of priest. It is further alleged by prosecution that priest of the temple also reached at the spot and he saw that deceased was lying on the stairs of the temple. It is further alleged by prosecution that priest of the temple asked Ashok Kumar to take deceased Narinder immediately for medical aid and he had also given an amount of Rs.500/- to Ashok Kumar. It is further alleged by prosecution that deceased was not shifted to hospital as he was not in a position to be carried out from the spot. It is further alleged by prosecution that one Bimal Sharma shopkeeper intimated the police officials regarding scuffle and report Ext PW7/A was recorded. It is further alleged by prosecution that police officials recorded the statement of Ashok Kumar Ext.PW12/A under Section 154 Cr PC on the basis of which FIR Ext PW10/A was registered. It is further alleged by prosecution that photographs of the spot and dead body of deceased Narinder are Ext PW6/A to Ext PW6/F and the negatives are Ext PW6/A-1 to Ext PW6/F-1. It is further alleged by prosecution that inquest papers Ext PA were prepared and thereafter dead body was sent for post mortem to hospital at CHC Dharampur. It is further alleged by prosecution that post mortem of the deceased was conducted by Dr Brind Kapil who issued post mortem certificate Ext PW11/B stating that deceased died on account of cardiac arrest which could be on account of fear as deceased was found having suffered some abrasion on his body. It is further alleged by prosecution that site plan Ext PW13/A was prepared at the spot. It is further alleged by prosecution that viscera of the deceased was collected which was sealed and sent to chemical examination to FSL Junga. It is further alleged by prosecution that as per chemical examination report no alcohol or poison was detected in the viscera of the deceased. It is further alleged by prosecution that medical officer also took blood and urine samples which were also sent for chemical analysis and no alcohol was found. It is further alleged by prosecution that medical examination of the accused was also conducted. It is further alleged by prosecution that as per opinion of Medical Officer cardiac arrest could be caused by way of beatings. Charge was framed against accused qua offence punishable under Section 304 Part-II IPC. Accused did not plead guilty and claimed trial.

(3.) The prosecution examined as many as fourteen witnesses in support of its case: <FRM>JUDGEMENT_148_LAWS(HPH)9_2014_1.html</FRM>