STATE OF H.P. Vs. SATISH KUMAR

JUDGEMENT

(1.) STATE is aggrieved by the judgment of the Sessions Court whereby accused-respondent Satish Kumar, who was charged with and tried for an offence punishable under Section 302 IPC for allegedly murdering one Leela Wati on the evening of 15th May, 1990, has been acquitted.

(2.) THE allegations on which the respondent was charged with and tried for are as follows. Deceased Leela Wati had her fields and cattle-shed near the house of the respondent. Often the cattle of the respondent trespassed into the fields of the deceased and damaged her crop. The deceased, on one side, and the respondent and his family members, on the other, often quarreled over the damage to the crops of the deceased caused by the trespassing cattle of the respondent. The deceased had her residence at some distance from Whether reporters of the local papers may be allowed to see the judgment? her cattle-shed and the fields. She used to reach the cattle-shed early in the morning and would return late in the evening after working in the fields. On 14th May, 1990, when she was working in the fields, in the afternoon, an ox of the respondent trespassed into her fields and started damaging the crop. Respondent followed the ox and took it away. The deceased then went to the house of the respondent and protested against the damage to her crop by the ox. A quarrel ensued. The respondent allegedly threatened that he would kill the deceased. On 15th May, 1990, the deceased went to her cattle-shed in the morning, as usual, but did not return in the evening. Her son Surinder Kumar (PW-2) went in search of her around 8.45 p.m. On the way, he noticed a basket belonging to his mother and straw which she used to carry in the basket lying scattered by the side of a Kuhl. In the light of the torch, he noticed some dragging marks towards the fields indicating that someone had been dragged. He got scared and went to the village to call some co-villagers. He returned to the spot in the company of Madan Lal, Sher Singh and Kushal Kumar. They all followed the dragging marks. At a distance of about 50 feet, dead body of the deceased was found lying.

(3.) DURING the course of investigation, PW-9 Prakash Chand made a statement that when he was returning from Lekh Ram's machine where he had gone to collect money from said Lekh Ram, he saw the deceased going towards her house with a basket on her hand and since she was walking slowly he overtook her and went past her. He also stated that after having overtaken the deceased and covered a good deal of distance, he saw the accused standing under a banyan tree wearing knickers and a vest (baniyan). He also stated that after he went past, even the accused, he heard the cries of the deceased and turned back and rushed towards her. After covering some distance, he again heard the cries of the deceased and she was shouting "Hai Vo Chetu Tu Kiya Karda", meaning "O Chetu (name of the accused- respondent) what are you doing". He also stated that he saw the accused dragging the deceased and that when he coughed loudly to alarm the respondent, the latter ran away from the spot. This statement was made to the Police by PW-9 Prakash Chand on 18th May, 1990. Thereafter, the respondent was arrested. He made a disclosure statement leading to the discovery of a danda which he allegedly used to hit the deceased on head.