STATE OF HIMACHAL PRADESH Vs. KRISHAN LAL

JUDGEMENT

(1.) By way of this appeal, the State has challenged the judgment passed by the Court of learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr in Sessions Trial Court No. 12 of 2010 dated 12.5.2011 vide which, learned trial court has acquitted the accused for commission of offence punishable under Section 302 of the Indian Penal Code (in short 'IPC').

(2.) The case of the prosecution was that complainant Palas Ram and his brother Hari Singh were residing separately for the last 15 years and their parents were residing with the complainant. On 19.11.2009 Hari Singh (hereinafter to be referred as 'deceased') had gone to Kholighat in connection with his work. At about 7:00 p.m. complainant heard cries of the deceased and he along with his mother Smt. Shyam Dassi came out of the house and saw accused, Krishan Lal, who had his house nearby giving beatings to the deceased with 'Danda'. Further as per prosecution, at that time, bulb of the verandah of the house of accused was on. Beatings were given to the deceased on the passage which passed through the house of the accused. When complainant asked the accused as to why he was beating the deceased, accused gave a push to the deceased, as a result of which, deceased was thrown on the down side of the passage in a field and thereafter accused ran away. On this complainant ran and reached the spot and found the deceased in an injured condition. Both the legs of the deceased were not functioning. In the meanwhile his mother also reached the spot. Deceased was unable to move and his arms were also not working. He was taken to the house by the complainant on his back. Further as per prosecution, thereafter deceased told complainant that when he was returning from Kholighat and when he reached near the house of accused, accused started giving him beating with a danda and thereafter he pushed him down the field. Deceased was having lot of pain on the back of neck as well as his arms and legs were also not working properly. Since it was night time, therefore no vehicle could be arranged. On 20.11.2009, at around 9:30 a.m. deceased was taken to IGMC, Shimla in the vehicle of Ram Singh. Wife of the deceased also accompanied them. On the asking of doctors at IGMC, Shimla complainant told them that deceased had suffered injuries due to fall. This version was given by the complainant to the doctors, as he was confused. On 21.11.2009 deceased died while he was admitted in the hospital. Thereafter complainant telephonically reported the matter to police at Police Station, Rampur. This led to entry of Rapat in the daily diary. One police official was sent from police post Nankhari to inquire the Rapat. Thereafter statement of the complainant was recorded under Section 154 Cr.P.C. and on the basis of said statement, FIR was registered. The dead body of the deceased was also subjected to post-mortem. The accused was taken into custody and while in custody accused allegedly made a disclosure statement which led to the discovery of the weapon of offence, i.e. Danda.

(3.) After completion of investigation, challan was filed and as a prima facie case was found against the accused, he was charged for commission of offence punishable under Section 302 IPC, to which he pleaded not guilty and claimed trial.