BISHAN DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) BY this appeal the appellants have assailed the judgment of the Sessions Court, dated 15.1.2000, whereby they have been convicted of offences punishable under Sections 452, 342 and 304 (Second Part) read with Section 34 IPC and sentenced as follows:

(2.) APPELLANTS ' plea is that the evidence on record does not prove the commission of any of the aforesaid offences and that they are entitled to acquittal.

(3.) IT was alleged that on 9.8.1998 around 9 p.m. when deceased Joginder Singh returned home and had just entered his bedroom, all the three appellants armed with Dandas and bricks made forcible entry into that room and started pulling him out and giving beating to him. When PW-4 Reeta Devi, the wife of deceased Joginder Singh, tried to rescue him she was pushed inside the room and the room was chained from outside. PW-5 Kirlu Ram, father of Joginder Singh, who was present in the adjoining room, came out on hearing the cries of deceased Joginder Singh. He tried to rescue his son but he was pushed, as a result of which he fell down and became unconscious. After beating Joginder Singh severely, the appellants fled away. PW-6 Kaushalya Devi, who has her house just opposite the house of deceased Joginder Singh, also came out on hearing the cries. She felt the pulse of Joginder Singh and declared that he was dead as there was no pulse beat. Next day, PW-5 Kirlu Ram, accompanied by Pradhan Gram Panchayat PW-6 Smt. Shabda Kumari, went to the Police Station and lodged the report, Ex. PD. The Police visited the site. Inquest was conducted, dead body was sent for postmortem. Following injuries were noticed by PW-1 Dr. D.P. Swamy, who conducted the postmortem: