STATE OF HIMACHAL PRADESH Vs. RAMESH CHAND

JUDGEMENT

(1.) THE instant appeal is directed against the judgment of the learned Additional Sessions Judge (I), Kangra at Dharamshala rendered in Sessions trial No. 31/2006, whereby, the learned trial Court acquitted the accused of his having allegedly committed the offence punishable under Section 302 of the Indian Penal Code.

(2.) FIR Ex. PW14/C, lodged qua the occurrence with police station, Jawali, records in brief the facts relating to the alleged incident. The facts apposite to decide the appeal, are of the accused being married to one Radha Devi. However, the accused under the influence of the liquor belaboured Radha Devi. The above belabouring meted by the accused to Radha Devi constrained her to institute a criminal case against the accused. However, the matter was compromised and Radha Devi commenced to join the matrimonial company of the accused. Nonetheless, the accused continued to belabour Radha Devi which constrained her to again leave her matrimonial home. However, the minor son Amit Kumar, born out of the wedlock inter se the accused and Radha Devi, continued to reside with the accused. The accused is alleged to have, under the influence of liquor, belaboured his minor son. However, despite intervention of the neighbours, there was no improvement in the behaviour of the accused. On 15.3.2003, at about 6.30 a.m., the accused was noticed by his brother PW -2 Raj Kumar and his mother PW -5 Biaso Devi, to be carrying his son as well as a 'jhabal' from the back side of his house, towards the fields. Both of the above, noticed that the minor son Amit Kumar was having injuries on his face and was dead. On both confronting the accused, he is stated to have commenced abusing them. The matter was reported by PW -2 Raj Kumar to PW -4 Karam Chand. The informant proceeded to record in the FIR, the fact of the accused having thrown the "jhabal" in the fields and his having kept the deceased on the bed in his house. Shri Karam Chand, PW -4, Ex -Vice -President is reported to have reported the matter to the Police Station, Jawali when rapat Ex. PW14/A was registered, hence, the police proceeded to the spot. On the arrival of the police, at the site of the occurrence, PW -2 Raj Kumar made statement Ex. PW2/A to the police, which was sent to the SHO, Police Station Jawali, who proceeded, on its strength to, lodge FIR Ex. PW14/C. The police, arranged photographer and took photographs Ex. PW3/A and Ex. PW3/B of the dead body of the deceased. The iron rod (jhabal), Ex. P -2 was produced by Raj Kumar, which was sealed by the police with seal 'T" and was taken into possession vide recovery memo Ex. PW2/C. Separate seal impression Ex. PW18/A was taken on a piece of cloth. Site plan Ex. PW18/B of the house of the accused was prepared by the Investigating Officer. During the course of investigation, the accused made his disclosure statement Ex. PW8/A to the police in the presence of Subhash Chand and Desh Raj and on the basis of his statement, he led the police to his house and got a wooden slate/takhti, Ex. P -1 recovered therefrom. Ex. P -1 was smeared with blood. Ex. P -1 was sealed in a cloth parcel and sealed with seal 'K' and was taken into possession vide memo Ex. PW8/B. Its sketch map Ex. PW18/E was prepared on a piece of paper. Seal impression Ex. PW18/F was taken on a piece of cloth and site plan Ex. PW18/G was prepared to this effect. An application Ex. PW1/A was moved by the police, to the Medical Officer, Civil Hospital, Nurpur for conducting the post mortem examination of the deceased. The application was accompanied by inquest papers Ex. 18/C. Post mortem report qua the deceased Amit Kumar, is, comprised in Ex. PW1/D. Tatima Ex. PW12/B and Jamabandi Ex. PW12/C qua the house where the incident took place was collected by the Investigating Officer, from the revenue officer concerned. The case property was deposited by the Investigating Officer with MHC, Police Station, Jawali. The wooden slate, Ex. P -1 was sent to FSL, Junga for chemical analysis. FSL, Junga on having analysed Ex. P -1, returned an opinion that it contained blood.

(3.) ACCUSED was charged for having committed an offence under Section 302, IPC by the learned trial Court. In proof of the prosecution case, the prosecution examined 18 witnesses. On conclusion of recording of the prosecution evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure was recorded by the Court, in which the accused claimed false implication.