STATE OF H P Vs. ARUN KUMAR

JUDGEMENT

(1.) Present appeal is preferred by State of H.P. assailing acquittal of respondent vide judgment dated 21.08.2009 passed by the Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P., in Session Trial No. 1/7 of 2008 in case FIR No. 92/2005 under Section 304 IPC, registered in Police Station Ghumarwin.

(2.) Prosecution case is that on 1.06.2005 at about 6.00 PM deceased Harnam Singh was present at Badhaghat. Gautam Bus bearing No. HP-23-4323 plying on GhumarwinBerthin route reached there. Respondent was conductor in that bus. Harnam Singh intended to board bus but he was prevented by respondent and was pushed back with fist and kick blows. Thereupon Harnam Singh fell down from the bus on the road. However, on intervention of people of area and passengers of bus, respondent allowed Harnam Singh to board the bus. On reaching Kotlu Chowk at about 6.15 PM, respondent pushed Harnam Singh and threw him out of the bus on the road. PW-6 Mukhtiar Singh, co-villagers of deceased, was transporting timber in his tractor from Himar to Sunahni and was crossing Kotlu Chowk alongwith PW-7 Bhim Dev, Rajpal, Duni Chand, Sita Ram and his driver Hans Raj. He noticed deceased lying on the road groaning in pain. He gave water to deceased and inquired the matter. Deceased told him that he was beaten and pushed out from the bus by conductor of private bus. PW-6 Mukhtiar Singh telephonically informed mother of deceased and on her request he alongwith his companions took deceased to his village Manan in his tractor in their lap. On reaching his village deceased was alighted from tractor and was offered water after laying down on road side near a shop. In the meantime wife of deceased PW-4 Naresh Kumari, PW-3 Karam Singh and others also gathered there. After taking water deceased was conscious for some time and on inquiry he disclosed to persons present there that people of Badhaghat were good and conductor of private bus was bad because the conductor of Gautam bus beat him and pushed him out of the bus and on intervention of passengers and people present there, he was allowed to board the bus but after reaching Kotlu conductor again pushed and threw him out of the bus. Thereafter deceased became unconscious. Pharmacist Prakash Chand available in the village was called to give first-aid to deceased. Before taking to hospital deceased had expired at about 8.30 PM.

(3.) At abut 9.30 PM, PW-3 Karam Singh telephonically intimated police of Police Station Talai. After receiving information report No. 28 dated 01.06.2005 Ex. PW-13/A was recorded in Police Station Talai and PW-12 Rai Singh SHO rushed to spot alongwith police officials and recorded statement of PW-3 Karam Singh Ex. PW-3/A under Section 154 Cr.P.C.