STATE OF H P Vs. SWAROOP LAL

JUDGEMENT

(1.) The instant appeal stands directed by the State of H.P. against the judgment of the learned Additional Sessions Judge (II), Kangra at Dharamshala, Himachal Pradesh, rendered on 29.07.2011 in Sessions Case No.23/2011 whereby, the latter Court convicted the accused/respondent for his committing an offence punishable under Section 304 (Part II) of the IPC besides sentenced him to undergo rigorous imprisonment for a period of four years.

(2.) The facts relevant to decide the instant case are that on 23.08.2009 complainant Sapna Thakur along with her mother deceased SunkiDevi was present in their house at Kaddhar Bara Bhangal, Tehsil Baijnath, District Kangra, H.P. At about 10 p.m., in the night accused Swaroop Lal knocked at their door on which Sunaki Devi opened the door and accused told her that he wanted to stay in their house owing to night since he was going to Bara Bhangal with his horses. Thereafter complainant Sapna Thakur went to her room, whereas deceased as well as accused remained in the kitchen. After sometime, Sapna Thakur heard noise of quarrel and she went to other room/kitchen and saw that the accused was giving beatings to Sunki Devi with one iron pipe and Sapna Thakur tried to rescue her mother but could not as the accued was also having one knife. Then Sapna Thakur raised alarm upon which accused fled away from the spot. Upon the alarm of Sapna from the neighbourhood, one Gulab Singh came and saw Sunki Devi was lying in unconscious and injured condition. One Ram Lal also came to the house of Sapna Thakur and he also found Sunki Devi lying in the pool of blood with injury on her head. The father of Sapna who was at Bir was telephonically informed about the occurrence who brought the jeep to Baragran and Sunki Devi in injured condition was removed to Baragran from where she was taken to Baijnath hospital wherefrom she was referred to Tanda hospital and ultimately from Tanda She was referred to PGI, Chandigarh where she expired on 29.8.2009. Initially the medical examination of injured Sunki Devi was carried out at Baijnath hospital and after her death, her postmortem was conducted at PGI, Chandigarh. After her death inquest papers were filled in by the police. Upon the statement of complainant Sapna Thakur, the relevant FIR was registered at police station concerned. The police started the investigations in the case and completed all the codal formalities.

(3.) On conclusion of investigations, into the offence, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.