STATE OF H.P. Vs. PIARE LAL

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of Sessions Court, whereby respondent Piare Lal, who was charged with and tried for offences punishable under Sections 302 and 307 of the Indian Penal Code and Sections 27/54/59 of the Arms Act, has been acquitted.

(2.) CASE of the prosecution, as it emerges from the record, may be summed up thus. PW-2 Shankh Bahadur owed certain amount of money to the respondent, who shall hereinafter be referred to as accused. While the accused claimed that the money due to him was Rs.135, PW-2 Shankh Bahadur alleged that only a sum of Rs.12/- was payable by him to the accused. On 11.7.1989 the accused demanded the money from PW- 2. The latter offered to pay Rs.12/-, but the accused did not accept the said amount and threatened that he would kill him. On 13.7.1989 around Whether reporters of the local papers may be allowed to see the judgment? 5.00 p.m., when Shankh Bahadur, accompanied by deceased Kishan Bahadur, was going towards his fields, the accused, who was grazing his cattle and was also carrying a gun, fired two shots at PW-2 Shankh Bahadur, which hit him on his legs and then two more shots one of which hit the deceased in his abdomen as a result of which he died on the spot. PW-2 Shankh Bahadur received pallet injuries. Bhagat Singh (PW-4) saw the incident. He went to village Summerkot, where deceased Kishan Bahadur's employer Devinder Singh lived and from there, accompanied by said Devinder Singh, went to Tikkari, where there is a Police Post, to report the matter to the police. Police reached on the spot the same evening around 7.30 p.m. and recorded statement Ext. PG of PW-4 Bhagat Singh. Spot was inspected. Inquest in respect of the dead body of Kishan Bahadur was conducted and report prepared. Dead body was sent for post mortem examination. The accused was arrested. He got recovered his gun and six live and four fired cartridges. He also produced a 'Khukhri', which he alleged to have picked up from the spot and which deceased Kishan Bahadur was allegedly carrying.

(3.) TRIAL Court accepted the plea of the accused / respondent and acquitted him. State is not satisfied with the findings and the final verdict of the trial Court and so it has filed the present appeal. We have heard the learned Additional Advocate General, learned counsel for the accused/ respondent and gone through the record.