PURAN CHAND Vs. STATE OF HP

JUDGEMENT

(1.) ALL the three appeals, titled above, have arisen from a common judgment of conviction and sentence passed by the learned trial court in Sessions Case No. 43 G/VII/03 decided on 29.10.2004 under Sections 147, 452 and 302 read with Section 149 Indian Penal Code.

(2.) IN brief the prosecution case has been that PW1 Vijay Kumar was watching television programme, during the intervening night of 9 10th April, 2003. He switched off his Television around 12 O'Clock and went outside to urinate, he was attracted by the noise of "Bachao Bachao" coming from the side of the house of Balbir Chand (deceased) and went there. He saw that Balbir Chand was caught hold of and was being given beatings by the appellants and convict Shuka, hereinafter to be referred as the accused persons. He also heard Ravi Dutt (PW3) son of Balbir Chand crying "Dady Ko Maar Diya, Maar Diya". On hearing the cries, the accused persons threw Balbir Chand in his courtyard and ran away. In the meantime, Jyoti Parkash (PW5) and his wife Swaran Kumari, Sanjay (PW2) and Madhu reached there. They noticed the blood, oozing out from the injuries sustained on the head of Balbir Chand. They lifted him from the courtyard and laid him on the floor of his room. He was dead. Vijay Kumar (PW 1) informed about the alleged incident to the ward member Gurdial Singh (PW 6) and Raghubir Singh Pradhan (PW 8) of Gram Panchayat Amroh. Pradhan visited the spot from his village Amroh. Thereafter he went back to his village and rang up to the police. Though, the police reached the spot in the morning around 8 a.m. but recorded the statement of Vijay Kumar (PW 1) under Section 154 of the Code of Criminal Procedure at 11.45 a.m. on 10.4.2003, on the basis of which FIR was registered under the aforesaid Sections. The inquest papers were prepared and the dead body was sent for autopsy. The photographs Ex. PW18/1 to Ex. PW18/10 were also taken. The police had recovered two sticks Ex. P/1 and Ex. P/2 from the spot. The site plan Ex.PW/6/C was also prepared.

(3.) THE cause of death was opined by the Doctor, due to shock by the injuries sustained on the skull. The probable time between the injury and death was given 1 to 3 hours. Post mortem report is Ex. PW 4/B.