STATE OF H.P. Vs. GOVIND SINGH

JUDGEMENT

(1.) THE present appeal has been directed by the State, against the acquittal of the respondents, under Section 302 of the Indian Penal Code for causing the murder of Ram Lal by an iron rod Ex.P2 and under Section 323 I.P.C. for causing injuries to Ram Bahadur, with a danda Ex.P -1 by the respondents, in furtherance of their common intention.

(2.) THE prosecution case in nut -shell can be stated thus. On 2.3.1993 at about 8.30 p.m., Ram Bahadur and Ram Lal along with their families were watching the video film in the Video Hall of Manohar Lal. Around 10.30 p.m., Ram Bahadur came out from the Video Hall to have a sleep at his residence, but hardly could he cover about 25 meters, the respondents met him on the way. The respondent Govind asked him as to where he was going. He told them that he was going to sleep, but asked them the reason for asking such type of questions from him. The respondents got offended and gave beatings to him. It is the case of the prosecution that Ram Bahadur received simple injuries, he returned to the Video -Hall and narrated the entire incident to Ram Lal. Thereafter, Ram Lal, Ram Bahadur and their other family members came outside. At some distance, they found the respondents standing on the road. Ram Lal asked them the reason about causing the injuries to Ram Bahadur unnecessarily. On this, the respondents objected to the tone and tenure of such questions. It is alleged that Govind Singh respondent hit Ram Lal with iron rod Ex.P2 and respondent Partap Singh dealt a danda blow. The other respondents fisticuffed and gave kick blows to him. Consequently he fell down, from where Ram Bahadur lifted him to the shop of Manohar Lal, where he was provided water. Thereafter he took him to his quarter. Same night, when his condition deteriorated, he was taken to hospital at Rampur.

(3.) PW 1 Dr. Rajan Visht had initially examined Ram Lal in the hospital and he found one abrasion on the left cheek and lacerated wound on the scalp. X -ray was also taken, but there was no evidence of fracture. He found both these injuries simple in nature but further opined that the injured might have closed the head injury, which was grievous in nature and issued MLC Ex.PW1/C. Ram Lal expired during the same night.