STATE OF H.P. Vs. NIKRA RAM

JUDGEMENT

(1.) THE respondents, father and son were tried and acquitted by the trial court of the offences punishable under section 302, 201 read with section 201 of the Indian Penal Code, allegedly for committing the murder of Man Singh resident of Sarkaghat, District Mandi, which has been assailed in this appeal. We have heard and gone through the record.

(2.) SUCCINCTLY , the prosecution case as emerges from the evidence on record is that PW4 Kuldip Singh resident of village Dahad and Man Singh Whether reporters of the Local papers are allowed to see the judgment? yes. (deceased), both were friends. Both of them were working as labourers at Delhi. On 19.2.1990 they came to Bilaspur to attend the marriage of their common friend Jagat Ram. On the same day at about 2 p.m. they reached village Jeori Pattan and consumed half bottle of liquor and took the remaining half with them. Thereafter, around 4 p.m. they boarded boat of the respondent Mast Ram to cross Gobind Sagar to reach village Dahad where the deceased was to stay for the night with Kuldip Singh. There were about 20 female and 6 male passengers in the boat. When they were about to reach village Dahad, Man Singh (deceased) took out the remaining half bottle of liquor and a tumbler. The tumbler fell from his hand into the lake and he fell on the rope tied to the boat, meant to pull it to the shore. On this Mast Ram respondent abused Man Singh aforesaid. Kuldip Singh intervened and requested Man Singh if he had caused any damage, he would pay the money but Mast Ram kept on abusing and took out the boat engine handle Ex.P1, and gave its blow on right eye of Man Singh. The boat was stopped at Dahad ghat, when Kuldip Singh was helping Man Singh to alight, Mast Ram respondent started throwing away their luggage out of the boat. In the meantime Nikra Ram respondent, father of Mast Ram came there in another boat with 2 -3 persons armed with lathies and shouted that Kuldip Singh and Man Singh be not allowed to go. Man Singh remained there but Kuldip Singh and one Nikka Ram ran away. Mast Ram respondent dragged Man Singh from his legs and he along with Nikra Ram respondent started beating Man Singh with lathies. Thereafter, both the respondents also chased Kuldip Singh and caught hold of him. He pleaded for mercy but he was also given lathi blow on his arm by respondent Nikra Ram. Kuldip Singh ran away and the respondents came back. Kuldip Singh reached his village around 7.30 p.m. but Nikka Ram had already informed his villagers and the search of Man Singh started but neither he nor his luggage was found.

(3.) ALL the injuries were simple in nature but the Doctor had referred Kuldip Singh for X -ray with respect to Injury No.3. However, no fracture was detected by S.N. Agnihotri (PW3) Radiologist.