STATE OF HIMACHAL PRADESH Vs. MAN SINGH

JUDGEMENT

(1.) Aggrieved by the order of acquittal passed by the learned Additional Sessions Judge, Fast Track Court, Chamba, District Chamba (H.P.) , in favour of the respondent, who had been charged for the commission of the offence punishable under Section 302 of the Indian Penal Code (for short 'IPC') , the State has filed the instant appeal.

(2.) The case of the prosecution, in brief, is that on 008.2009, there was a function on the occasion of retirement in the house of Musadi, in village Bhelu. About 500-600 people had come to attend this function including the accused, deceased, wife and sister of the deceased. A brawl allegedly took place between the accused and the deceased in the midnight. Thereafter, at about 5.15 a.m. on 03.08.2009, the deceased Bhagat Ram came to his house which was at a distance of eight metres from the house of Musadi Ram. The complainant was standing in the verandah of his house, while the deceased was standing on his 'kotha' (mud lintel) , then at about 5.30 a.m., the accused appeared and pushed him (deceased Bhagat Ram) from the 'kotha'. Resultantly, he fell down and died on the spot.

(3.) On receipt of information, daily diary report Ex.PW16/A was recorded in Police Station, Kihar and ASI Naseeb Singh along with SPOs Gurdhian Singh and Bhanu Parshad rushed to the spot, where the complainant got recorded his statement under Section 154 Cr.P.C. Ex. PW1/A before ASI Naseeb Singh, who, in turn, sent the same to the police station, where FIR Ex.PW11/A came to be registered. Photographer was called on the spot, who took photographs Ex.PW4/1 to Ex.PW4/7. Blood stained earth and stones were lifted from the spot and taken into possession vide memo Ex.PW1/B. Site plan Ex.PW18/A, inquest reports Ex.PW1/B and Ex.PW1/C were also prepared. Dead body of the deceased was taken into possession and sent for post mortem. Statements of the witnesses were recorded, accused was arrested and it was found that he was having injury mark over his left eye, therefore, he was got medically examined and his MLC was obtained.