STATE Vs. KHAZAN CHAND

JUDGEMENT

(1.) The accused respondents were charge-sheeted under Ss. 304 and 323 read with S. 149, R.P.C. by the learned Sessions Judge, Kathua and after conclusion of the trial, were acquitted of the charges vide the judgment impugned in this appeal. It is submitted that the judgment of the trial Court is erroneous both in law and facts of the case and that the offences under Ss. 304, 323, 147 and 148, R.P.C. were fully established from the evidence on record but the Court below failed to properly appreciate the evidence led in the case. There was no justification for not believing the prosecution evidence as was done by the trial Court. The minor discrepancies were not sufficient to order acquittal of the respondents.

(2.) According to the prosecution Krishen PW along with the complainant, his brother and mother lodged a report in Police Station, Billawar on 18-10-1978 alleging therein that on 14-10-1978 at about 9/10 a.m. while he along with his mother, was going from their cattle shed they met accused Khazan Chand enroute in the fields of the Jagatu. The accused Khazan Chand had cut grass from their land several times. The complainant requested him not to repeat the cutting of grass in future which infuriated the said accused who indulged in vituperations so loudly that rest of the accused, one of whom is his wife and the other women folk of the homestead arrived at spot and indulged in abuses likewise. All the respondents are alleged to have assaulted the complainant and his mother wherein accused Khazan Chand inflicted one blow with Lathi to the complainant and his mother. The women folk from the accused side indulged in brick batting which struck his mother. The mother of the complainant was thrown on the ground and beat with fists and kicks. Due to timely intervention of Jagatu and other persons the complainant and his mother were rescued from the clutches of the accused. Mst. Durgi's condition deteriorated on account of the beating with the result that she was admitted in the nearby dispensary. The report was delayed on account of the deterioration in the condition of Mst. Durgi who was thereafter shifted to hospital at Kathua by the doctor attending on her at Billawar wherefrom she was again shifted to Saddar hospital, Jammu, where she succumbed to her injuries and died on 24-10-1978. Upon post-mortem the doctor opined that her death was as a result of suppurative peritonitis. After completion of the investigation, the challan was produced in the Court and upon conclusion of the trial the accused were acquitted.

(3.) In order to prove their case the prosecution examined Krishen, Jagtu, Inder, Mast Ram, Sant Ram, Gorkhu, Isher Dass, Ali Mohd Patwari, Krishen Lal, Mukhtiar Singh, Dr. Inder Singh, Radiologist, Dr. R. K. Gupta, Dr. Ved Bhushan, Dr. Nirmal Gupta and Dilip Singh, SHO in support of its case. In defence the accused persons produced Durga Dass and Manzoor Ahmed constables as their witnesses.