STATE OF H.P. Vs. NIRMAL SINGH

JUDGEMENT

(1.) HEARD and gone through the record. Respondents Nirmal Singh, Kul Prakash and Shiv Kumar were tried for offences, punishable under Section 304 and 201 read with Section 34 of the Indian Penal Code by the Sessions Court, on the police report. After the trial all of them were acquitted, vide judgment dated 27.2.1993. The present appeal, by the State, is directed against this judgment of acquittal.

(2.) PROSECUTION version as per evidence on record On 19th September,1990, may be summarized thus. Whether reporters of local papers may be allowed to see the judgment? deceased Jalam Singh and PW-8 Devi Singh started for village Bakla, where a sister of deceased Jalam Singh lived. When they reached village Garh, around 9.00 in the night, dogs started barking at them. Deceased hurled abuses at the dogs, which caused annoyance to respondent Nirmal Singh. When the deceased allegedly did not desist from hurling abuses, despite being asked by respondent Nirmal Singh not to do so, the latter picked up a danda and hit the deceased on his head, as a result of which he sustained fracture of his skull leading the hemorrhage of brain. The deceased died on the spot. PW-8 Devi Singh got scared and ran away. Thereafter with the help of other two respondents, respondent Nirmal Singh threw the dead body down the precipice, with a view to destroying the evidence of murder.

(3.) POST -mortem examination of dead body was conducted by PW-18 Dr. Balbir Kumar, who opined the cause of death to be the head injury and several other injuries noticed on the dead body.