STATE OF H P Vs. DIWANA

JUDGEMENT

(1.) This appeal is directed against the acquittal of accused Diwana (A-1), Suffal alias Subhash (A-2), Prithi (A-3), Adalti (A-4) and Sukhia (A-5), by the Session Judge Kangra Division at Dharamsala in Sessions Case No. 1 of 1985 dated 23/05/1985 for an offence punishable under Section 302 read with Section 34 and under S. 201 read with S. 34 of the Indian Penal code.

(2.) Briefly stated, the prosecution case is as follows :- A-1 is the father of A-2 and deceased Pratap Chand. The other co-accused are co-villagers of A-1. All the accused persons belong to village Sambra, Tehsil Bharmaur in District Chamba. The occurrence is alleged to have taken place a day prior to Sankrant of Kartik month i.e. on the night of 16/10/1984. Smt. Halya (PW-1) wife of the deceased Pratap Chand was at her Parents house located in village Garola which is about 40 Kms. from village Sambra. The allegations of the prosecution are that A-1 and A-2 had a quarrel with the deceased while they were under the influence of liquor. The accused was a teetotaller. His brother A-2 is stated to have inflicted a 'Danda' blow on the person of the deceased which proved fatal. The dead body was found lying in the compound of the residential house of Shaktu (PW-2) and Ravan (both brothers). Dhundia (PW-12) deaf and dumb person is stated to have witnessed the occurrence from his residence. PW-Shaktu and his brother Ravan are stated to have called A-1 by name apprising him about the dead body of his son Pratap Chand. According to the prosecution, A-1 initially did not respond to the calls of PW-Shaktu but later on his insistence A-1 came out and told him that his two other sons were alive and it did not matter if one son had died. It is alleged that subsequently the accused person removed the dead body by lifting the same on the back of A-2 from the compound of the house of PW-Shaktu.

(3.) Subhash (PW-11) and one Dina Nath were sent for summoning Smt. Halaya (PW-1) from village Garola to her in-laws house. The factum of death of her husband was concealed by the said messengers and she was apprised of the deceased having suffered severe stomach pain. She accompanied by S/shri Bahadur Singh, Jogindar Singh, Duni Chand, Puran and Chaman Singh, reached her matrimonial home at about 7 p.m. On her arrival, she found that her husband had not only expired but his dead body had also been cremated during the day time. She made an inquiry from her father-in-law and Devar (husband's younger brother) i.e. A-1 and A-2 whereupon both of them sought apology from her and assured her that her share in the property besides cash amount Rs. 7000.00 would be given to her. Smelling foul play, she along with her brother Puran, went to Hari Dass (PW-6), Pradhan of Gram Panchayat on the following morning and lodged a written report (Ex. PA). The Pradhan made an endorsement (Ex. PA/2) indicating the facts which had happened. Puran aforesaid then left for Police Station, Bharmaur for lodging report whereupon MHC Rajmal (PW-14) without recording the contents of the report in the Daily Diary Register, simply recorded the departure report at 6-30 AM on 20-10-1984.