BHAG NARGU Vs. STATE OF H.P.

JUDGEMENT

(1.) Since both these appeals arise out of the same judgment of the trial Court therefore, are being disposed of by this common judgment.

(2.) Brief facts leading to the filing of these appeals are that on 22.1.2000 a telephonic message was received in Police Post Murang that there was an explosion in the house of Ram Rath in Village Riba in which Ram Rath, his wife and his daughter had sustained injuries. Report about the information was recorded a copy whereof is Ext. PW -19/A. On receipt of this information, HC Shyam Chand (PW -29) along with two police constables proceeded to the place of occurrence, injured Gurgayal Mani made a statement under Section 154 of the Code of Criminal Procedure before PW -29 that her husband Ram Rath, her daughter Tiran Devi and she were sleeping in their room when accused/appellants Bhag Nargu and Bhag Narin (hereafter referred to as A -1 and A -2) entered into the room and caused injuries to her with an iron Ghan (a hammer like iron instrument meant for breaking big stones/boulders) and with foot blows and after setting the house on fire and closing the door, ran away and thereafter an explosion took place. In the occurrence, Ram Rath had died by the time the statement was made by Gurgayal Mani. The aforesaid statement was reduced into writing by PW -29 and is Ext. PW -2/B. On the basis of this statement, FIR Ext. PW -24/A under Sections 452, 302, 436, 323/34 of the Indian Penal Code was recorded at Police Station Pooh and the investigation followed.

(3.) After preparing the report Murg Ext. PW -1/A and Ext. PW -1/B the, dead body of Ram Rath was sent for post mortem and the other injured, namely, Gurgayal Mani and Tiran Devi, were also sent for their medical examination/treatment. After conducting post mortem examination of the dead body of Ram Rath, Dr. Sanjeev Ashothra (PW -9) and Dr. Subhash Chauhan (PW -10) prepared post mortem report Ext. PW -9/A and opined that Ram Rath died due to head injury along with asphyxia secondary to inhalation of smoke and the fatal injuries sustained by him "appeared to be due to blunt weapon" whereas degree of burn injuries found on the body of the deceassd alone could not have led to immediate death. Injured Gurgayal Mani (since deceased) was medically examined by PW -10 and it was found that she had sustained as many as ten injuries including burn injuries to the extent of 68% vide MLC, PW -10/A. On medical examination of Tiran Mani, PW -9 found three, lacerated wounds and burn injuries to the extent of 30% on her person and the nature of injuries was opined to be grievous vide MLC. Ext. PW -10/C. After her medical examination, Gurgayal Mani succumbed to the injuries sustained by her and post mortem examination of her dead body was conducted by Dr. R.C. Negi (PW -11) who on such examination opined that Gurdayal Mani died due to multiple injuries on head and severe burn leading to hypovolaemic shock. During investigation dying declaration Ext. PW -2/A made by Gurgayal Mani in the presence of Rattan Minjri (PW -3), Suchet Singh (PW -4), Chander Singh and reduced into writing by Dhan Kumar Negi (PW -2) was taken in possession by the Investigation Officer vide memo Ext. PW -2/K. During the course of investigation, the Investigating Officer (PW -29) got the place of occurrence photographed negatives whereof are Ext. PW -2/C -20 and photographs are Exts. PW -2/C -1 to PW -2/C -19. PW -29 also took into possession wooden piece Ext. P -5, small cloth pieces Ext. P -4, giving smell of petrol or kerosene oil, fuse wire Ext. P -6 and earth Ext P -7 vide memo Ext. PW -2/D. he also took in possession one wooden Danda Ext. P -8, wooden Pachar (piece) Ext. P -10, pipe Ext. P -9, iron Tentha Ext. P -10) and Darat Ext. P -12, a/I of which were blood stained, vide memo Ext. PW -2/E. Elastic cap Ext. P -13, trousers Ext. P -14, burnt shirt Ext. P -15 and Koti, Ext. P -16 were also taken in possession from the house wherein Ram Rath died vide Memo Ext. PW -2/F. PW -29 also took in possession one blood stained Dohru Ext. P. -17 vide memo. Ext. PW -2/G. The blood found sprinkled on the wall Ext. P -18 was also taken in possession vide memo. Ext. PW -2/H. On production by Bhagi Ram (PW -1) a partly burnt jacket Ext. P -1 stated to be that of accused Balwan Singh (hereafter referred to as "A -3") who had left it at the house of PW -1 when immediately after the occurrence he had gone there, was also taken in possession vide memo Ext. PW -1/C. During the investigation A -3 made disclosure statement Ext. PW -2/K -1 on the basis of which he got recovered Jerry canes Exts. P -22 and P -23 ani Ghan Ext. P -24 which were taken in possession vide memo Ext. PW -2/K -2. A -2 also made a disclosure statement Ext. PW -2/KK on the basis of which his trousers Ext. P -25 was taken in possession vide memo. Ext. PW -2/KKK and detonators numbering 45 were also taken in possession vide Memo Ext. PW -2/0. On the search of the premises in possession of A -1, 37 explosive rods Ext. P -20 and four detonators Ext. P -21 were recovered and were taken in possession vide recovery memo. Ext. PW -2/L Out of the so recovered articles which were duly sealed at the time of recovery samples of blood -stained earth, stones, jelatine, and detonators were taken out in the presence of Amar Singh (PW -6), the then Tehsildar, Pooh, vide memo. Ext. PW -6/A, Ext PW -6/B, Ext. PW -6/C and Ext. PW -6/D for being sent to the Chemical Examiner.