NEELAM SHARMA Vs. SATISH KUMAR AND OTHERS

JUDGEMENT

(1.) The instant appeal stands directed by the complainant/appellant against the judgment of the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, Himachal Pradesh, rendered on 30.11.2012 in Sessions trial No. 13/7 of 2010, whereby, it acquitted the accused/respondents for offences punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code and Section 25-27 of the Indian Arms Act.

(2.) The facts relevant to decide the instant case are that on 22.12.2009, Inspector Ram Singh, PW-15, received an information on telephone from accused Satish Kumar that a person had died due to gun shot injury in Balh Churani forest on which rapat, Ext. PW15/A, was entered. PW-15 along with other police officials thereafter proceeded to the spot where statement, Ex.PW1/A of Neelam Sharma, PW-1, daughter of deceased Ratti Ram was recorded. Rukka was sent for registration of the case on which FIR Ex.PW13/C was registered. On 21.12.2009, Ratti Ram had left his house at about 8.00a.m. by saying to his daughter Neelam Sharma that he would first go to the house of Karma in village Chujala and thereafter would go to attend his duties in Harlog. He did not come on 21.12.2009 and thereafter Neelam Sharma rang him on his cell phone No.98164-11152, but it was switched off. Subsequently, she rang up to forest guard Harlog beat and inquired about her father who told her that her father did not attend duties on 21.12.2009. Thereafter, Neelam Sharma rang up to accused Satish Kumar and inquired about her father and accused Satish Kumar told her that her father was alright and would come back home. Accused Satish Kumar was not having good terms with the family of Ratti Ram because a case regarding land was pending in the High Court. Disclosure statements under Sections 27 of the Indian Evidence Act of accused Satish Kumar and Rajeev Kumar, Ext. PW2/A and Ex.PW15/C were recorded in the presence of Jaswant Singh, (PW-2) and Kuldeep Singh, (PW-3). Both accused disclosed to the police that dead body of Ratti Ram was concealed in the jungle and they were having knowledge of the same and could get recovered the same. In pursuance to their disclosure statements, both accused persons led the police party and the witnesses to a place situated in Bal Churani Jungle and on their demarcation of the spot, dead body of Ratti Ram was recovered which was covered with branches of tree vide recovery memo Ex.PW1/B. Dead body was identified by Neelam Sharma, (PW-1). A bag was also recovered lying nearby the dead body which was also identified by PW-1 belonging to her father. Dry soil was also taken from the spot by the police. Inspector Ram Singh, prepared spot map of recovery of dead body, Ex.PW15/D. Both accused also led police party to a place in the jungle where gun shot was fired by accused Satish Kumar. C. Raj Kumar conducted videography of the spot where dead body was lying and took photographs with digital camera. Blood drops were visible on dry leaves and on stones as well as soil. Front denture containing five teeth was lying on the spot. Two pellets marks were visible on the stems of bushes. Pellets were found embedded and removed with a stone. Pellets Ex.P-2 and Ex.P-3, Wad Ex. P-4, match box Ex.P-5, stone Ex.P-7, dry leaves Ex.P-8, soil Ex.P-9 and denture Ex.P-11 were taken into possession vide recovery memo Ex.PW2/B sealed on the spot and separate seal taken on cloth. Spot map, Ex.PWQ15/F was prepared. Dead body of Ratti Ram was sent for postmortem examination to C.H. Ghumarwin vide docket Ex.PW7/A. Inquest papers, Ex.PW1/C and Ex.PW1/D were prepared. Accused Rajeev Kumar vide his disclosure statement, Ex.PW15/C in the presence of PW-2 and PW-3 had effected the recovery of gun, Ex.P-27, vide memo Ex.PW15/G, from his house. Accused Lekh Ram on 25.12.2009 produced gun licence, Ex.P-28 vide recovery memo, Ex.PW6/A. Rattan Lal, PW-5, on 21.12.2009 at about 6.00 a.m., when he left his house for duty, heard some noise of foot steps and on inquiry found accused Satish Kumar and Chottu going some where and identified them. Accused Rajeev Kumar also gave disclosure statement, Ex.PW8/A before the police that he had concealed empty/blank cartridge after use inside his house. Empty cartridge Ex.P-23 was recovered vide memo Ex.PW2/F. Accused Rajeev Kumar also produced to the police vide memo Ex.PW2/C, his jeans, inner and sweater Ex.P-17. Accused Satish Kumar also produced to the police pants,T-shirt, black inner and half sweater vide memo Ex.PW2/D. SI Megh Singh on 27.12.2009, conducted search of house of accused Lekh Ram and during search two live cartridges Ex.P-36 and Ex.P-37 were recovered vide memo Ex.PW9/A. Si Megh Singh took into possession jamabandi Ex.PW27/A vide memo Ex.PW4/A.

(3.) Dr. N.K. Sankhyan, on 23.12.2009 conducted postmortem examination of dead body of Ratti Ram and found multiple perforated wounds without charring, blackening, tattooing, signing of hair, these were due to pellets. Three pallets were taken out from skin and subcutaneous tissue. Total perforated wound on front of chest were 45, on left side of abdomen 3, over right shoulder 24, over right side of face 4, over chin 3, over medial side of thigh left side one, over right thigh 12, proximal part of nose 1 with fracture nasal bone. Total 93 perforated wounds and total six pellets were taken out. There was no exist wound. He prepared postmortem report, Ex.PW7/B and as per his final opinion, Ex.PW7/D, deceased Ratti Ram died due to cardio respiratory failure as a result of injuries to lungs and heart and hypovolumic shock as a result of gun shot injury. The probable time that elapsed between injury and death was instantaneous to half an hour. Injury No.7 was sufficient to cause death in a normal course and was due to gun shot. He also handed over to the police viscera along with shirt, brown sweater, pants, under shirt, underwear, parna and woolen shawl of Ratti Ram. The case property was entered in Malkhana register at serial No. 439 as well as at serial No.440 on 29.12.2009, C. Gulam Hussain deposited seven parcels having seal of Hospital along with specimen seal and docket addressed to FSL, Junga and same was entered at serial No.440 of Malkhana register. Abstract is Ext.PW13/A. On 31.12.2009, H.C. Jogesh Kumar, handed over 16 parcels along with specimen seal and docket to C. Shyam Lal vide R.C. No.197/2009,Ex.PW13/B and the same was deposited with FSL Junga. Report of the FSL, Ex.PW7/C, reveals that no alcohol/poison could be detected. Another report of FSL, Ex.PW14/D was received. Human blood was found on leaves and soil taken from the spot as well as on the clothes of Ratti Ram. Blood was not detected on clothes of accused Satish Kumar and Rajeev Kumar. Report of FSL, Ex.PW14/E reveals that fire arm (SBBL gun) was in working order and cartridge case, Ex.E/5 has been fired from the said gun.