STATE OF HIMACHAL PRADESH Vs. TEK CHAND

JUDGEMENT

(1.) The present appeal, against the judgment acquitting accused, Tek Chand, under Section 302 IPC, passed by the learned Additional Sessions Judge, Mandi, Camp at Karsog, District Mandi, H.P., in Sessions Trial No.15 of 2010, is maintained by the State of Himachal Pradesh on the grounds that the findings of the Court below are based merely on surmises, conjectures and hypothesis and the Court below has arrived at wrong conclusion without appreciating the evidence on record properly.

(2.) Brief facts giving rise to the present appeal are that Kubja Devi daughter of Khindu Ram (PW3), was married to accused, as per Hindu rites and customs. Khindu Ram made a telephonic call to the Police Post, Pangana on 16.11.2009 at 10.40 A.M. conveying that Kubja Devi had died during previous night. A.S.I. Brahmu Ram(PW14) went to the spot for verification. He conducted inquest on the dead body and prepared report. Ex.PW-3/A. Photographs of the dead body were got clicked and found that blood was coming out of the nose. The dead body was sent to the PHC, Karsog for post-mortem examination. He wrote an application Ex.PW-14/A to Medical Officer for conducting the postmortem examination of the deceased. PW-17 Dr. Krishan Kumar conducted post-mortem of the deceased on 17.11.2009 at 12.10 PM. He found bruises, abrasions and contusions on the dead body of the deceased. He could not arrive at any conclusion and sent the sutured body to Indira Gandhi Medical College, Shimla for forensic examination. A Board of Doctors comprising of Dr. A.K. Sharma, Dr. Piyush Kapila and Dr. Sangeet Dhillon was constituted for conducting postmortem examination of the dead body. They found injuries on the person of the deceased. The board opined that the deceased had died due to head injury. Viscera was sent for chemical examination. Post mortem report Ex.PW-7/B was prepared. PW-15 Inspector Amar Chand went to the spot for verification of the death. He prepared ruqua Ex.PW-15/A after making inquiry. FIR Ex.PW-12/C was registered, Inspector Amar Chand conducted the investigation and prepared site plan Ex.PW-15/B and recorded the statements of the witnesses as per their versions. Viscera was deposited with PW12 MHC Gian Chand, who made an entry in the register of Malkhana copy of which is Ex.PW-12A. He sent viscera to RFSL, Gutkar on 25.11.2009, through Constable Vinod Kumar vide RC No.141/2009, copy of which is Ex.PW-12/B. He deposited viscera in FSL and handed over the receipt to MHC on return. Final report Ex.PW-7/C was issued in which it was shown that no alcohol/poison could be detected in the viscera. Tatima Ex.PW-4/A and copy of Jamabandi Ex.PW-4/B, were handed over to the Police by PW-4, Upender Singh. Statements of the witnesses were recorded as per their version and after completion of the investigation, challan was prepared and was presented before the learned Judicial Magistrate 1st Class, Karsog, who committed the case to the learned Sessions Judge, from where it was assigned to the Court of the learned Additional District Judge, Mandi.

(3.) The accused was charged with the commission of offence punishable under Section 302 IPC. He pleaded not guilty and claimed to be tried.