STATE OF H.P. Vs. LILA RAM

JUDGEMENT

(1.) THE State has challenged, in this appeal, acquittal of the respondent for the offence punishable under section 304-II of the Indian Penal Code, for causing the homicidal death of Narata Ram. In brief prosecution case is that:

(2.) ON 18.04.1992, in the evening, Narata Ram was walking in a drunken state in Garkhal Bazar. Respondent, who was a constable, posted in Police Post Gharkhal at that time, came across Narata Ram and gave a slap to him, as a result of which Narata Ram struck against the wall of the house and fell Whether reporters of the Local papers are allowed to see the judgment? yes down. He sustained fatal injury on his head and died on the spot. Many people gathered there. ASI Udey Ram (PW12) of Police Post Garkhal was informed telephonically by some one at about 7.30 p.m. This information was recorded in the rapat roj namcha (Ex.PW 12/A). This information was passed to S.I. Om Parkash SHO Police Station, Kasauli. ASI Udey Ram (PW12) proceeded to the spot, many persons had gathered there, since it was alleged that the respondent herein was also drunk, therefore, he was medically examined but he was found normal and according to Dr. Rajesh Kashyap (PW8) he had not consumed liquor. His Medico-legal-certificate is Ex.PF.

(3.) THERE was no visible fracture of scalp under injury No.1. On opening the skull bone meaninges were found normal. There was large hemorrhage into the occiput and posterior craninal fossal on opening the dura. The blood was semi liquid. The echymosis of the brain tissue in the occiput of the brain tissue in the occiput lobe was 1" x 1" in size, spinal cord normal.