STATE OF HIMACHAL PRADESH Vs. DOLA RAM

JUDGEMENT

(1.) The present appeal, against the judgment acquitting accused, Dola Ram, under Sec. 307 IPC, passed by the learned Additional Sessions Judge, Fast Track Court, Kullu, District Kullu, H.P. in Sessions Trial No.57/2007 is maintained by the State of Himachal Pradesh on the grounds that the findings of the Court below are based merely on surmises, conjectures and hypothesis and the Court below has arrived at wrong decision without appreciating the evidence on record properly.

(2.) Brief facts giving rise to the present appeal are that the complainant Tara Singh, who is an agriculturist and whose father is employed as Fire-watcher in Wild Life Wing, has stated before the Police that on 17.12.2006, at about 8.00 a.m., Beli Ram went to Dandi-dhar in connection with his duty and the complainant was present in his house. At about 1.45 p.m., he received message on his mobile phone from Drawing Master, Ganesh, to the effect that his father sustained injuries on his head and arm. He went to the place where he came to know that his father had been taken to Kullu Hospital after his medical check-up at Primary Health Centre, Sainj. On reaching Kullu, he came to know that his father has been referred to Kullu Valley Hospital from Government Regional Hospital, Kullu. At Kullu Valley Hospital, he came to know that at about 1.30 PM, his father has been attacked by the accused with sickle ('darat') and his father received injuries on his head. The accused attacked his father with the intention to kill his father.

(3.) The statement of Tara Singh was recorded under Sec. 154 Crimial P.C. by the police and F.I.R. was registered at Police Station, Banjar. Medical examination of the injured Beli Ram was conducted in Kullu Valley Hospital. The police recovered blood stained jacket, pant and 'dhathu' (scarf) from Beli Ram and statement of Beli Ram was recorded by the Station House Officer, Ram Karan. Beli Ram stated that he had been attacked on his head and arm by accused Dola Ram. The accused was arrested by the Police and sickle ('darat') was recovered and taken into possession by the police.