STATE OF H.P. Vs. RAKESH KUMAR

JUDGEMENT

(1.) The State has instituted this appeal against the judgment dated 28.6.2008, rendered by the learned Sessions Judge, Sirmaur District at Nahan, H.P. in Sessions Trial No. 27-ST/7 of 2007, whereby the respondents-accused (hereinafter referred to as the accused) who were charged with and tried for offences under Sections 302, 451, 506 IPC read with Section 34 IPC, were acquitted by the learned trial Court.

(2.) The case of the prosecution, in a nut shell, is that PW-2 Dharmi Devi was married with Mittar Singh about 12 years back. He was working as labourer. On 13.6.2007, at about 7:00 PM, accused Dinesh who is son of Uncle (Taya) of Mitter Singh came to his house and asked her husband to attend a party at his house in connection with his wedding. Mitter Singh went to the nearby house. At about 10:00 PM, while she was sleeping, she heard the noise of coughing of her husband. She switched on the light and came out. In the meantime, accused Rakesh came there murmuring something and grappling with her husband. Thereafter, accused Dinesh also reached there. She went to the adjoining house of her younger brother-in-law Ranjit Singh and came back with him to the spot. They say accused Dinesh grappling with her husband. Accused Rakesh all of a sudden gave danda (balli) blow on the head of her husband. On account of this blow, her husband fell down on the ground.

(3.) The prosecution has examined as many as 13 witnesses to prove its case. The accused were also examined under Section 313 Cr.P.C. According to them, they have requested Mittar Singh to join the dinner. He insisted for more liquor. The accused refused to serve more liquor. Accused Rakesh Kumar went to his house requesting him to join them for dinner. Mittar Singh came back to his house. Mittar Singh was angry and he gave three darat blows one after the other on the person of accused Rakesh, which resulted in causing injuries on his left arm, nose and back. When Mittar Singh was about to give fourth blow with Darat accused Rakesh apprehending his death at the hands of Mittar Singh picked up a Danda lying in the courtyard of the house of Mittar Singh. He gave a blow with it to thwart the attack of Darat. The blood was oozing out of the injuries sustained by him due to darat blows given by Mittar Singh. On the next morning i.e. on 14.6.2007, he was taken to a nearby village Nagheta to Dr. Upender, who stitched his two wounds, besides dressing the third wound. The learned Trial Court acquitted the accused on 28.6.2008. Hence, the present appeal.