STATE OF HIMACHAL PRADESH Vs. SHYAM LAL

JUDGEMENT

(1.) The instant appeal stands directed against the judgment of the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushehar, Himachal Pradesh, rendered on 22.01.2013, in Sessions Trial No. 0100014/2011, whereby the learned trial Court acquitted the accused for committing offences punishable under Ss. 302 and 201 IPC of the Indian Penal Code.

(2.) The facts relevant to adjudicate the instant appeal are that the complainant has his Dhaba at Lalori Jot where Om Parkash @ Pinku (herein -after for short referred to as 'the deceased') was also running a Dhaba. On the night intervening 16/17th June, 2011, when the complainant was present in his Dhaba, allegedly the deceased was consuming liquor, along with Shyam Lal, Police Havaldar (herein -after for short referred to as 'the accused'). It is alleged that at about 12.45 A.M. on 17.6.2011, the complainant heard a noise when he was sleeping in his Dhaba, upon which when he came out, he found accused and deceased quarrelling. In that process, the deceased hit the accused on his forehead with a stone resulting in an injury sustained by the accused from which blood had started oozing out. It is further alleged that on having suffered such injury, on his forehead, the accused went towards his room. In the meantime, complainant and deceased also followed the accused in order to seek apology from him. At that time, the accused asked the deceased not to come to him. Upon his such asking, the deceased returned. It is further case of the prosecution that allegedly the complainant cleaned the wound of the accused and the accused had proclaimed to kill the deceased and not to spare him. The accused came downwards by taking out a knife kept underneath his pillow. On seeing the accused coming, the complainant went to the deceased while running and made him to run Banjar side. The accused while searching for the deceased came to the Dhaba of the complainant and asked him for the deceased. When the complainant feigned ignorance about the deceased, the accused sat on his cot. It is further alleged that at about 1.30 a.m., the deceased came to the Dhaba of the complainant where the accused was already sitting and the accused by catching hold of the deceased from his collar of his T -Shirt, made him to stand against the wall of Dhaba and stabbed him on the left side of chest and ran away. The complainant had put the deceased in injured condition in his car bearing registration No. HP -01K -1730 and also made Ghanshayam, who was in an inebriated condition, to board the car. Complainant also asked the accused to accompany them to Ani hospital, he refused to do so. In the meantime, the complainant had also telephonically informed the house of the deceased before taking him to CHC, Ani. At Khanag, Daulat Ram (father of the deceased), his uncle Gian Chand and Ramesh also met them. When they reached the hospital, the deceased was declared dead. Having received the information of the death of the deceased, the police reached the hospital and prepared inquest papers and the dead body of the deceased was sent to IGMC for conducting post mortem examination. The spot had been inspected and stood videographed. Consequently, site plan of the occurrence was prepared and statements of witnesses were recorded. The accused was arrested at about 7.30 p.m. on 17.6.2011 and was got medically examined. It is further alleged that while in custody the accused made a disclosure statement and got identified the place from where he had thrown the knife in a dense forest. Consequently, a search was made in order to find out the knife but to no avail. During investigation, it was also revealed that the clothes which the accused was wearing on the date of alleged occurrence were taken into possession and sent to FSL along with other samples/specimen which had also been taken at the time of post mortem examination of the dead body. On receipt of the report of the FSL, the deceased was found to have died as a result of ante mortem stab to lung and heart leading to gross hemorrhagic shock in a case of alcohol consumption and whose blood alcohol concentration was 222 mg% and urine alcohol concentration was 242.65 mg%.

(3.) On conclusion of investigations into the offences allegedly committed by the accused a report under Sec. 173 of the Code of Criminal Procedure stood prepared and presented in the competent Court.