STATE OF H.P. Vs. HARI DASS TANWAR

JUDGEMENT

(1.) The instant appeal is directed by the State of Himachal Pradesh against the impugned judgment rendered on 09.07.2009 by the learned Sessions Judge, Solan, in Sessions Trial No. 2 -S/7 of 2008, whereby the learned trial Court acquitted the respondent (for short 'accused') for the offences charged.

(2.) The brief facts of the case are that on 11.4.2008 Anubhav Rai, a fighter pilot in Indian Air Force alongwith his friends Sameer Yadav, Shanker Ghosh and Asheesh Chauhan had come from Ambala to Kasauli in a car No. DL -4CJ -5021 to spend their holidays there. At about 6.00 p.m. when they reached Garkhal Bazar near Kasauli, they found one Hyundai accent car in the middle of the road. Anubhav Rao who was driving the car asked the driver of Hyundai accent car to take it to one side in order to go ahead. On this the accused said they are buying grocery. As a bus was also coming from the opposite direction Anubhav Rao was not able to proceed further and at that stage some altercation took place between the driver of the Honda car and the accused. When the bus crossed Anubhav Rao took his car ahead and stopped the car at some distance and got down from it. From behind Hyundai accent car came in speed and went ahead. Anubhav Rao and his friends chased the said car but the accused did not stop and took the car on Parwanoo road. They followed the said car and at place Mashobra Anubhav Rao and his friends stopped the Hyundai car and Abubhav Rao and Sameer Yadav asked the driver of the Hyundai accent car why he was not driving the car properly. Both Anubhav Rao and Sameer came down from the car and while they were talking with the driver of Hyundai accent car he is said to have taken the screw driver and hit Anubhav Rao in the stomach. However, Anubhav Rao saved the blow which landed on the right leg on account of which Anubhav Rao fell on the road and when Sameer Yadav came to the rescue of his friends the car driver brandished the screw driver in all directions on account of which Sameer Yadav also sustained injury on the left arm. Thereafter, the car driver left towards Parwanoo and Anubhav Rao was brought to Military hospital at Kasauli from where he was referred to Command Hospital, Chandimandir. Sameer Yadav stayed back at Kasauli for the treatment of his injury where he reported the matter to the police upon which a case under Sections 307 and 324 IPC came to be registered. The other friends who accompanied Anubhav Rao to command Hospital but on reaching the said hospital, Anubhav Rao was declared brought dead. He informed Sameer Yadav about the death at Kasauli. The police was accordingly informed who converted the case under Section 302 IPC. The police then visited the Command Hospital, Chandimandir, obtained the death certificate. They also prepared the inquest report and brought the dead body for post mortem which was conducted at ESI hospital Parwanoo and obtained the post mortem report. The blood was collected from the spot and from the car. Statements of the witnesses were recorded and the report from the Forensic Science Laboratory was also obtained with regard to the viscera and the blood collected from the spot and as per report human blood of group "B" was found on the lifted samples. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) The accused stood charged for his committing offences punishable under Sections 304 Part I and 324 of the Indian Penal Code to which he pleaded not guilty and claimed trial. In order to prove its case, the prosecution examined