STATE OF HIMACHAL PRADESH Vs. HARI RAM

JUDGEMENT

(1.) ASSAILING the judgment dated 3.10.2007, passed by learned Sessions Judge, Chamba, H.P., in Sessions Case No. 39 of 2006, titled as State of Himachal Pradesh vs. Hari Ram & others, whereby respondents -accused stand acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that Smt. Dei (deceased) who was married to Magha (not examined) was residing in village Khajuwa. She was issueless. Magha, a close relative of accused, wanted to contract second marriage with the niece of accused Jai Dayal, which fact was resisted by the deceased, as a result accused harboured animosity against her. On 1.7.2006, deceased was alone at her home, as her husband Magha stood arrested in connection with crime. On 2.7.2006 deceased was found murdered in her house. Pradhan Sh. Rashid Mohammad (PW -3) through Gopala (PW -4) sent message of such fact to Parshottam (PW -1), brother of the deceased. Since accused Hari Ram had harboured animosity against the deceased, on suspicion, he was called through villagers Devi Singh and Ballu (both not examined), to attend the meeting of the Panchayat so convened by Pradhan Sh. Rashid Mohammad (PW -3) for inquiring the case of death of Smt. Dei. There Hari Ram (accused No. 1) confessed to have murdered the deceased along with his accomplices Jai Dyal (accused No. 2), Hira (accused No. 3) and Negi Ram (accused No. 4). Information about the death was furnished to the police telephonically on the basis of which entry in rapt roznamcha was made. Police party proceeded to the spot where statement of Parshottam (PW -1) was recorded under the provisions of Section 154 Cr. P.C. (Ext. PW -1/A), on the basis of which F.I.R. No. 50 of 2006, dated 3.7.2006 (Ext. PW -13/A) was registered at Police Station Tissa, Distt. Chamba, H.P. under the provisions of Sections 302 read with Section 34 of the Indian Penal Code against all the accused persons. Accused Hari Ram was arrested and pursuant to disclosure statement (Est. PW -1/B), police recovered rug (khind) (Ext. P1) and sheet (woolen chaddar) (Ext. P2). Inquest report (Ext. PW -18/B) was prepared and post mortem of dead body was got conducted through Dr. Jaswant Singh (PW -16) who issued report (Ext. PW -16/B) and opined the cause of death to be perforation of vital organ i.e. lung leading to massive hemorrhage, shock and death. Investigation revealed complicity of only accused Hari Ram and, as such, challan was filed against him in the Court for trial.

(3.) DURING trial, after six witnesses were examined, remaining accused namely Jai Dayal (accused No. 2), Hira (accused No. 3) and Negi Ram (accused No. 4) were impleaded as party/accused persons and charged for having committed offences punishable under the provisions of Sections 302, 201 and 452 all read with Section 34 of the Indian Penal Code to which they did not plead guilty and claimed trial.