STATE OF H P Vs. BIRBAL

JUDGEMENT

(1.) RESPONDENTS were tried and acquitted of the offences punishable under ss. 147, 302 read with S. 149 of the Indian Penal Code. The State felt aggrieved by the impugned judgment of acquittal and filed the instant appeal.

(2.) ADMITTED facts of the case are that:

(3.) THE prosecution story as emerges from the record is that after attending the hearing of their case on 26-1-1989, Salmu Ram his son Chander Sen accompanied by bhagwan Dass and Joginder Singh boarded tapri Region bus from Rampur bus stand and got down from the bus at Jeori around 5. 30 p. m. from there they started on foot to their village Molgi through a Katcha path, as their village was not connected by motor-able road. Simultaneously, the respondents had also reached Jeori by Haridwar bus. Salmu Ram (deceased) was ahead of chander Sen (P. W. 1 ). Bhagwan Dass and joginder Singh were walking behind chander Sen. At about 8. 15 p. m. they reached in between Kuki Dhar and Khota nala. It was a moon lit night. All of a sudden, some stones were pelted from above. One stone struck on the head of Salmu Ram and the other on his back. One stone hit the toe-finger of left foot of Chander Sen causing a bleeding injury. Salmu Ram on getting injured started running towards his village, whereas, Chander Sen took shelter under the big boulder, while Bhagwan Dass and Joginder Singh ran backward. Chander sen, Bhagwan Dass and Joginder Singh identified the respondents in the moon lit night while pelting the stones. Salmu Ram was caught at Khota-Nallah, about two furlongs ahead and they gave beatings to him with Danda and stones. The respondents told to beat Salmu Ram more severely so that his son Chander Sen would come for rescue and they would also beat and kill him. Chander Sen had concealed himself and took shelter beneath a big boulder. He had seen the alleged occurrence but on hearing the cries of his father, he did not go to rescue him, due to fear. Respondents had killed salmu Ram and threw him down below the path; his one shoe and cap fell on the path. Seeing this Chander Sen ran from that place and came to police post, Jeori, where he reached around 11 a. m. during the same night and informed the ASI Daulat Ram (P. W. 16 ). He recorded the Rapat. under S. 307, i. P. C. and informed S. H. O,. Police Station, rampur. Thereafter ASI proceeded to the spot at 4. 45 a. m. along with Chander Sen, on the way they came across Bhagwan Dass (P. W. 2) and Mangal Dass (P. W. 4) who informed them that Salmu Ram was dead. Police found the dead body of Salmu Ram on the spot in a sitting posture about 5' down the path along with his broken stick and a danda nearby which were blood stained. These articles were taken into possession by the police. The investigation of the case was converted into S. 302 of the Indian Penal Code.