STATE OF HIMACHAL PRADESH Vs. HANEEF MOHD

JUDGEMENT

(1.) This appeal has been filed against judgment dated 16.06.2009 passed by the Court of learned Additional Sessions Judge, Fast Track Court, Chamba, in Sessions Trial No. 49/2008, vide which, learned trial Court has acquitted the accused for commission of offence punishable under Section 302 I.P.C. by holding that the evidence on record is not sufficient to prove guilt of the accused for the commission of offence for which he has been charged.

(2.) The case of the prosecution was that on 01.01.2008, at around 7.30 P.M., one Daleep Kumar informed Nek Chand telephonically that Manoj Kumar (deceased) had consumed liquor and was at Taxi Stand, Chamba and he should take him to Janjatiya Sarai at Chamba. On this, Nek Chand went to Taxi Stand, Chamba and found that Manoj Kumar was lying on the road and he was unable to speak. Accused was also present there and was using abusive language. Accused asked Nek Chand as to what relation he was having with Manoj Kumar. Nek Chand told the accused that Manoj Kumar was his brother. Nek Chand lifted Manoj Kumar from the spot and took him to Janjatiya Sarai, Chamba. At that time, there was no external injury mark on his person except minor scratch mark on his face. At about 10.00 P.M. Nek Chand tried to serve dinner to Manoj Kumar at Janjatiya Sarai but Manoj Kumar was not speaking even at that time and Nek Chand thought that Manoj Kumar had consumed liquor and, therefore, he was not speaking. On the next day, i.e. 02.01.2008 Nek Chand visited Janjatiya Sarai and noticed that blood was oozing from the mouth and nose of Manoj Kumar and blood was also found on the bed sheet used by Manoj Kumar. He informed this fact to Daleep on telephone, upon which, Daleep advised Neck Chand to take Manoj Kumar to hospital. Nek Chand and Ashok Kumar took Manoj Kumar to Regional Hospital, Chamba and got him admitted there. On the basis of x-ray of Manoj Kumar and other tests, the Medical Officer referred him to PGI Chandigarh. However, while being taken to PGI Chandigarh, he died on the way on 03.01.2008. The dead body was taken to the hospital where postmortem was conducted. Nirmal Singh and Pardeep informed Nek Chand on 04.01.2008 that on 01.01.2008, at about 7.35 P.M., some altercation had taken place between Manoj Kumar and accused at Taxi Stand, Chamba, which turned into scuffle and during that scuffle Manoj Kumar slapped the accused and thereafter, the accused had slapped Manoj Kumar and caught hold him of Manoj Kumar by his head and hit his head against road as a result of which he had sustained injuries. On these basis, Nek Chand lodged a report with the police on 04.01.2008. His statement under Section 154 Cr.P.C. was recorded and on the basis of the same, FIR No. 9/2008 was registered against the accused under Section 302 I.P.C. After the completion of investigation, challan against the accused was submitted in the Court and accused was charged for the commission of offence punishable under Section 302 I.P.C., to which he pleaded not guilty and claimed trial.

(3.) On the basis of the material produced on record by the prosecution, learned trial Court came to the conclusion that the conduct of the prosecution witnesses appeared to be unnatural and unreliable and further, Dr. N.K. Surya (PW-5), who conducted postmortem of the deceased stated in his cross-examination that he did not find any injury on the back side of the head of the deceased. The learned trial Court also held that there was delay in lodging of the report, which had not been satisfactorily explained by the prosecution. On these basis, the learned trial Court concluded that evidence on record was not sufficient to prove the guilt of the accused. Accordingly, it acquitted the accused.