HEM SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) By this judgment, we propose to dispose of Criminal Appeal No. 165 of 1991 filed by the appellant against his conviction and sentence under sections 304 Part II and 323, I. P. C and Criminal Appeal No 126 of 1992 filed by Smt Radha Devi, injured wherein she has prayed for enhancement of sentence against the respondent from section 304 Part II to sections 302 and 323, I. P. C.

(2.) Brief facts giving rise to this appeal are that Hem Singh, accused (hereinafter referred to as appellant) was charged under sections 302 and 323, I.P.C. for having committed murder of Brij Lai by causing blow on his head and for having voluntarily caused simple hurt to Smt. Radha Devi on 29 -4 -1989 at 6.30 p.m. at village Nagahan, District Mandi. The prosecution case against the appellant is that on 29 -4 -1989 at about 6.GO p. m. when PW 1, Smt. Saraswati alongwith her Jethani Smt, Radha Devi (PW 2) and her son Kashmir Singh were coming back after lopping off branches of Beul trees, they found Hem Singh appellant standing near his cowshed with a danda in his hand. Hem Singh is stated to have asked them as to why they have come from the path and Radha Devi told the appellant that this is a common path and he should permit them to pass through the path. On this Hem Singh gave blows with danda on the back of Radha Devi who raised an alarm and on hearing the noise, Brij Lal, father -in -law of Saraswati and Radha Devi came there and told the appellant not to quarrel with the ladies. On this, Hem Singh is stated to have given two ˜danda blows on the head of Shri Brij Lal as a result whereof he fell down on the ground. On this, one Khem Singh and husband of PW 2, Smt. Radha Devi i, e. Harnam Singh (PW 3) also came on the spot. Accused was quarreling on this passage earlier also. Shri Brij Lal died on the spot as a result of the injuries sustained by him on account of danda blows. When Harnam Singh (PW 3) reached the spot, he was informed by his wife that the deceased had been killed by the appellant and this witness saw the appellant fleeing from the scene of occurrence alongwith ˜danda Villagers gathered at the spot and Prakash Chand (PW 8) brother of PW 3 Harnam Singh and others went to call the Pradhan of Gram Panchayat, namely, PW 5, Paras Ram who came to the spot and learnt from Radha Devi and Saeaswati as to how Brij Lal had died and he sent a memo through Prakash Chand to police for registration of the case. The case was registered on the report made by PW 2 Radha Devi and the F, I. R, Ex, PA was registered The police came to the spot and the photographs of the dead body were taken by PW 9 Sher Singh The police got prepared the Tatima Ext. PK from Patwari, PW 10 Suresh Kumar as well as a copy of jamabandi Ex. PL of the place of occurrence, The dead body was sent to Primary Health Centre, Kotli on 30 -4 -1989 at 12 30 p, m. alongwith inquest report Ex. PO for post -mortem. Dr. Gopal Kumar Sharma (PW 6) conducted the postmortem who gave his report Ex. PE and he also examined Smt, Radha Devi and gave his report MLC PD. During the investigation the police also took into possession the posting orders of the appellant.

(3.) On completion of the investigation the challan under section 302, I. P. C. was filed before the Chief Judicial Magistrate, Mandi, who committed the case for trial so the court of Sessions Judge, Mandi The case was ordered to be transferred for trial from the court of Sessions Judge, Mandi to Bilaspur under the orders of this Court where he was charged for the aforesaid offences by the Sessions Judge, Bilaspur to which he pleaded not guilty and claimed trial.