STATE OF H.P. Vs. PIAR SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment, rendered on 22.12.2009 by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, H.P., in RBT SC No.14.G/VII/09 whereby the respondent has been acquitted of the offence punishable under Section 302 of the Indian Penal Code.

(2.) The brief facts, of the case, are, that on 20.04.2009 at about 6.00 A.M. in the morning, deceased Rai Singh had gone to nearby jungle/nallah to attend the call of nature at Village Dohag, Tehsil Dehra, District Kangra, H.P. His son Pritam Singh (PW-1) was out of house as he had gone to bring ropes. At about 6.25 a.m., Pritam came back to his house when his wife was preparing tea. Pritam asked his wife about his father to which she told that his father had not come back from the Nallah. In the meantime, Pritam heard alarm of ladies from the Nallah and rushed to Nallah and found Rai Singh in an injured condition in the Nallah. Rai Singh had sustained injuries on different parts of his body. Pritam Singh brought Rai Singh to his house and his clothes were changed. Thereafter injured was taken to the hospital at Jawalamukhi in a vehicle for medical treatment. Rai Singh had told his son Pritam Singh that his body had been cut. In Jawalamukhi hospital at about 8.50 a.m., Rai Singh expired. Consequently, police was informed and upon the statement of Pritam Singh, FIR was registered. During the investigation of the case, post mortem of Rai Singh was got conducted. It was transpired during investigation that when Rai Singh was brought from the Nallah to the house by the complainant, he had told Anil and Paras Ram that he was given blows by Piar Singh. Consequently, accused was arrested and upon his disclosure statement made to the police under Section 27 of the Indian Evidence Act, one Darat was recovered by the police. The police visited the spot and took into possession the blood stained bamboo leaves. The blood stained clothes of the deceased were also taken into possession and all the aforesaid articles including the darat were sent for chemical examination and Chemical examiner's report was obtained. The spot map was also prepared by the police during the course of investigation of the case.

(3.) On conclusion of investigation into the offence, allegedly committed by the accused/respondent, challan was filed under Section 173 of the Code of Criminal Procedure.