LACHHMAN DASS @ LAKHA Vs. STATE OF H.P.

JUDGEMENT

(1.) BY this judgment, we are disposing of two appeals, i.e. Criminal Appeal No. 645 of 2008, filed by convict Lachhman Dass alias Lakha seeking his acquittal and Criminal Appeal No. 523 of 2008, filed by the State, for changing the conviction of convict Lachhman Dass from Section 304 (second part) I.P.C. to Section 302 I.P.C. and awarding him punishment accordingly. Both the appeals are directed against the same judgment, i.e. judgment dated 5th June, 2008 of learned Sessions Court, whereby Lachhman Dass, who was tried of the offence under Section 302 of the Indian Penal Code had been convicted under Section 304 (second part) I.P.C. and sentenced to undergo 5 years rigorous imprisonment and to pay a fine of Rs. 25,000/ -, in default of payment of fine, to undergo rigorous imprisonment for a further period of one year.

(2.) LACHHMAN Dass, hereinafter referred to be as accused, claims himself to be a sorcerer. Also he claims himself to be a Tantrik. Deceased Lata Devi, while travelling by a bus, came into contract with the accused sometime before the occurrence. In the year 2007, during Navratras that fell in the month of October, 2007, Lata Devi told her husband, PW2 Raj Kumar that she wanted to perform Puja and also to obsserve fast during Navratras and that this could be done at her parents ' place, because at her in -laws ' place, the family members consumed liquor and also ate non -vegetarian food. Raj Kumar obliged her and took her to her parents ' place. Raj Kumar himself also stayed at his in -laws place. Accused was called to perform Puja. He stayed there during Navratras and did not leave even after Dussehra. Deceased Lata Devi and some other family members of her parents ' household observed fast during day time on all Navratra days.

(3.) ON 22nd October, 2007, a day after Dussehra was observed and Navratras were over, deceased started behaving abnormally. She started scratching her head and beating her hands and wrist on the ground. Accused, who was still at the place of the parents of the deceased, declared that the deceased was possessed by an evil spirit and he knew how to drive out such spirits. He took the deceased to the Puja room and asked the parents and the husband of the deceased to let the deceased remain in the Puja room for the night and he would exorcize the evil spirit. The accused allegedly gave beatings to the deceased with a pair of tongs Ex.P1 and chain Ex.P2. Deceased had been crying. When the husband and a brother and other members of the family of the parents of the deceased tried to intervene and requested the accused to release the deceased, he told them not to interfere, as the evil spirit could cause damage to them. Next day, i.e. on 23rd October, 2007, deceased remained inactive. She did not talk much and looked sleepy. In the evening, however she again started behaving abnormally. Accused told her husband and parents that she was not completely relieved of the influence of evil spirit he would have to do and the exorcising job once again. He kept the deceased in the Puja room for the night and hit her repeatedly with the pair of tongs and chain. Deceased was crying that she stood fully cured and be spared. Again her parents and husband asked the accused to leave the deceased, but he told them that the evil spirit would even possess them and could even cause their death if they interfered. Next morning, deceased was found lying motionless in the Puja room. She did not respond when asked to take tea nor did she respond to physical stimuli. Her husband and a brother and other members of her parents ' family took her to the Primary Health Centre. PW6 Dr. Anup Kumar was present at the said Centre, at the relevant time. He declared that she was already dead. Her dead -body was taken back to the house of her parents. Accused proclaimed that she was not dead and that he, by his method of exorcising, would revive her.