VYAS DEV BITTU Vs. STATE OF H.P.

JUDGEMENT

(1.) Since both these appeals arise out of the single judgment dated December 9, 1998 passed by the learned Sessions Judge, Chamba whereby the accused/appellants (hereafter referred to as the accused) have been convicted and sentenced under Section 302 read with Section 34 of the Indian Penal Code.

(2.) Briefly stated, the prosecution case is that on July 22, 1997 at about 3.15 a.m. telephonic information was received from one Mr. Uttam Chand, Deputy Superintendent of Police, Chamera Project Banikhet, in the Police Station, Dalhousie to the effect that one dead body had been brought from the side of Bagdhar in the Chamera Hospital Banikhet. On receipt of this information, officer -in -charge of Police Station Dalhousie PW -22 Rajinder Sharma reached Chamera Hospital. After inspection of the body, he prepared the inquest report Ext. PM, got the dead body photographed and sent the dead body for post mortem to Civil Hospital, Dalhousie. The post mortem of the dead body which was of one Puran Chand, Wireless Messanger, resident of Bagdhar, Tehsil Dalhousie, was conducted by PW -18 Dr. P.K. Ahluwalia and the post mortem report is Ext. PN wherein it has been opined that: "the cause of death in this case is due to haemorrhage and shock which is irreversible. Exact opinion will be given after the report of Chemical Examiner. Abdominal cavity full of blood due to rupture of spleen. Sufficient to cause death. Injury No.1 and 2nd are with sharp object and are Ante mortem in nature. Injury No.3 and 4th caused by blunt object, post mortem in nature. Injury No. 5th caused by blunt object. Ante mortem in nature." The detailed description of the injuries as given in the post mortem report, reads as follows: 1. Incised wound Rt. frontal region above three fingers from Rt. eye brow lat l/3rd region 4 cm x 2 cm x 1 cm. Blood oozing, margins clear elliptical shape. Ante mortem in nature.

(3.) PW -22 Rajinder Sharma, Sub -Inspector then proceeded to Bagdhar to inquire into the matter. He recorded the statement of PW -1 Mohinder Singh under Section 154 of the Criminal Procedure Code Ext. PA whereupon First Information Report Ext. PO was recorded at Police Station, Dalhousie. PW -1 Mohinder Singh had stated that he was sure that Puran Chand was beaten up by the accused with some fatal weapon with the intention to kill him. The reason being that two days before the occurrence accused Kewal Kumar had a quarrel with the deceased. During the course of investigation it was found that two days before the occurrence there was some verbal altercation between the deceased and accused Kewal Kumar because accused Kewal Kumar had thrown Coca Cola on Puran Chand. On July 21, 1997, there was again altercation between the two about the earlier incident in which PW -3 Ajit Singh and PW -7 Pritam Chand had intervened and pacified them. It was also found that on July 2 1, 1997 accused Kewal Kumar, who is a truck driver, had brought sand loaded in the truck HP 47 -0228 from Kheri to Bagdhar. He was accompanied by accused Vyas Dev, PW5 Roshan Lal and PW -6 Naresh Kumar. Since the dispute between the deceased and accused Kewal Kumar had been patched up, therefore, accused Kewal Kumar, his companion and Puran Chand together came to Bagdhar Chowk. There the truck was parked near the shop of Prem Singh, PWs Roshan Lal and Naresh Kumar started unloading the truck, but accused Kewal Kumar and Vyas Dev started taking liquor on the wall of the hand -pump at the Chowk. They had brought the liquor while on way from kheri to Bagdhar. PW -8 Sansar Chand also met them at that time and was offered liquor but he refused and went home.