STATE OF H.P. Vs. ROMA DEVI

JUDGEMENT

(1.) Present appeal is filed against judgment and sentence passed by learned Sessions Judge Kangra at Dharamshala HP in Sessions trial No. 5 of 2008 titled State of HP v/s. Roma Devi decided on 24.7.2008.

(2.) It is alleged by prosecution that on dated 14.10.2006 complainant Megh Nath had gone to his land to cut grass along with his brother Bhupinder Pal and Champa Devi at about 9.30 AM. It is further alleged by prosecution that when they were cutting grass accused came at the spot with sickle in his hand. It is further alleged by prosecution that accused picked up stone in his hand and threw the same at Megh Nath injured which hit his left arm. It is further alleged by prosecution that thereafter accused attacked upon injured Megh Nath and inflicted injury on the left side of his forehead with sickle Ext P5 and blood started oozing out from wound. It is further alleged by prosecution that clothes of injured Megh Nath i.e. shirt and towel were stained with blood and injured Megh Nath became unconscious for about 8 to 10 minutes. It is further alleged by prosecution that thereafter injured Megh Nath was brought to road side and thereafter Megh Nath was brought to police station Baijnath by his son Vijay Sharma in a vehicle and thereafter FIR Ext PW1/A was recorded. It is further alleged by prosecution that injured Megh Nath was sent to civil hospital Baijnath for medical examination and as per medical examination injured had sustained four injuries on his person. It is further alleged by prosecution that MLC is Ext PW8/A. It is further alleged by prosecution that injured Megh Nath was got X -ray vide skigrams Ext PW8/A1 and Ext PW8/A2. It is further alleged by prosecution that as per opinion of medical officer injury No. 1 could be possible with sickle Ext P5 and other injuries could be possible with stones. It is further alleged by prosecution that injury No. 1 was fatal. It is further alleged by prosecution that spot map Ext PW9/A was prepared and blood stained earth and grass Ext. P1 along with stone Ext P2 took into possession vide seizure memo Ext PW1/B. It is further alleged by prosecution that blood stained shirt Ext P3 of injured Megh Nath and towel Ext P4 took into possession by police officials vide seizure memo Ext PW1/C. It is further alleged by prosecution that disclosure statement of accused Ext PW2/A was recorded and sickle Ext P5 recovered from cow shed. It is further alleged by prosecution that sickle Ext P5 took into possession vide seizure memo Ext PW1/E. Charge framed against accused by learned Sessions Judge Kangra at Dharamshala on dated 29.8.2007 under Ss. 323 and 307 IPC. Accused did not plead guilty and claimed trial.

(3.) Prosecution examined nine oral witnesses in support of its case and also produced documentary evidence.