OM PARKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23-11-1996 passed by the learned Sessions Judge, Una, whereby while acquitting the co-accused Chanchla Devi, the accused-appellants (hereinafter referred to as the 'accused') have been convicted under S. 304, Part-II read with S. 34, IPC and under S. 325 read with S. 34, IPC and each of them has been sentenced to undergo rigorous imprisonment for five years and to pay a fine in the sum of Rs. 5,000/- each, under S. 304, Part-II, IPC and to undergo rigorous imprisonment for three years and to pay fine in the sum of Rs. 5,000/- each under S. 325, IPC. In default of payment of fine under each count, they have been ordered to sufffer further rigorous imprisonment for six months each. The term of imprisonments awarded on different counts to each accused, have been made to run concurrently.

(2.) The case of the prosecution in brief is that on 17-9-1994 at about 6.00 a.m. the accused persons and Chanchla Devi with the common intention of causing death caused injuries to Harjal Singh (since deceased), Devinder Singh (PW-3 and Raj Kumari (PW-2). The injured were assaulted by the accused persons for not meeting their demand to partition the land jointly owned by accused Om Parkash and Harjal Singh. The injuries are stated to have been caused by accused Om Parkash with a lathi and by accused Sudhir Kumar with a Fawara which they had brought from their cow-shed. Ram Kumari (P.W. 2) narrated the occurrence to Usha Devi (PW. 1), who in turn, reported the matter to the police whereupon FIR Ext. PA under Ss. 307/34, IPC came into being at Police Station, Gagret. In the meanwhile, the injured were removed to hospital and weremedically examined and X-rayed. The Medico-Legal Reports about the examination of Harjal Singh and Devinder Singh issued by Dr. Y. P. Sharma (P.W. 6) are Exts. PF and PH, respectively and the X-Ray reports are Ext. P.W-7/A and Ext. PW-7/B. As per Medico Legal Report, Ext. PF at the time of medical examination, Harjal Singh was found unconscious and four injuries, one of which was grievous having been caused with a blunt weapon within 12 hours of his medical examination were found. As per the Medico-Legal Report, Ext. PH, four injuries were found on the person of Devinder Singh, one of which was grievous having been caused within 12 hours of his medical examination with blunt weapon. These opinions are supported by X-Ray reports Ext. PW-7/A and Ext. 7/B. Harjal Singh, however, succumbed to the injuries sustained by him at about 11-30 p.m. on 17-9-1994. The Investigating Agency, therefore, converted the case to one under Ss.302/307/34, IPC. The investigation was undertaken by PW-16 Kishan Chand, Sub-Inspector, who visited the spot, prepared the site plan, Ext. PU and took in possession the blood-stained earth and Parna, Ext. P-5 and Ext. P-6, respectively vide memo Ext. PC. He took in possession the Pant (Ext. P-3) and Shirt (Ext. P-4) of Devinder Singh (PW-3) vide memo Ext. PB. The place of occurrence was got photographed from PW Chiranji Lal and the negatives thereof are Exts. P-12 to P-20 and the positives are Exts. P-21 to P-29.

(3.) During the course of investigation, accused Sudhir Kumar made a disclosure statement (Ext. PD) to the police about the FAWARA (Ext. P.1) and LATHI (Ex. P-2) having been kept in his courtyard and pursuant to the said statement the same were taken into possession vide memo Ext. PE. On production by Devinder Singh injured, his pant (Ext. P-3) and shirt (Ext. P-4) were taken into possession by the police vide memo (Ext. PM). The clothes taken into possession are stated to be an underwear (Ext. P-30), a Banyan (Ext. P-31) and a Kurta (Ext. P-32) which were sealed.