STATE OF H P Vs. BABU RAM

JUDGEMENT

(1.) This is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of Ld. Sessions Judge, Kangra at Dharamshala, dated 12.8.1993, vide which the respondents were acquitted of the charge framed against them under Section 302, read with Section 34 I.P.C.

(2.) Briefly stated, the facts of the case are that on 8.2.1993, at 5.20 P.M., statement of complainant Pakhlu Ram was recorded by Head Constable of Police Station Lambagaon, in which he alleged that on the previous night at about 11/11.30 P.M., Harbans, Babu and Giani came to the house of one Kanku and Babu Ram started playing Taperecorder. He further alleged that his brother Kanku Ram switched off the Taperecorder, which was again put on by Babu Ram and they started dancing. Roshan Lal asked them not to dance, on which these three persons started quarrelling with Roshan Lal. It was further alleged that Babu Ram and Giani caught hold of Roshan Lal and Harbans took Danda and gave a bow on the head and arm of Roshan Lal and blood started oozing out from his head. It was further alleged that the complainant alongwith Kanku, Bachiter and Gurdas took Roshan Lal to Thural hospital for treatment and the Doctor at Thural referred him to Palampur, where the Doctor suggested that the injured be taken to Chandigarh. It was further alleged that at about 12.30 when the complainant and others were taking injured to Chandigarh, he died on way. It was also alleged in the statement that this occurrence was witnessed by the complainant, Kanku Ram and Chinto Devi. The Investigating Officer had gone to the spot on receipt of a rapat at 2.10 P.M. from the Medical Officer, Thural, in regard to the admission of an injured person and the Investigating Officer proceeded to the hospital and Pakhlu Ram, complainant, met him near the hospital and he recorded his statement, which was sent to the police and on the basis of the same, the case was registered. After investigation, the challan was filed before the Court of learned Judicial Magistrate Ist Class (II), Palampur, who committed the case to the Court of learned trial Court, who tried the respondents leading to their acquittal, as detailed above.

(3.) We have heard the learned Counsel for the parties and have gone through the record of the case.