STATE Vs. BAL KRISHEN

JUDGEMENT

(1.) THIS Appeal challenges the Judgment of Sessions Judge, Bhaderwah dated 26 -2 -1979 in Sessions File No. 11/1976 for offence under Section 302 RPC registered through First Information Report No, 43/1976 at Police Station, Doda.

(2.) BRIEFLY speaking, chowkidar Dewan Chand reported Exhibit PA on 26 -5 -1976 at Police Station, Doda that on May 24, 1976, accused and Thakur Dass knocked his door during the night and on opening, they told him that Mst. Ranu Devi (deceased) fell from Chati Kour precipice and died. Her dead body was brought by Bhudi Singh (husband) to his house, where the villagers gathered had told him that there were some doubts in the death of the deceased, therefore, it was thought fit to inform the Police. First Information Report was accordingly lodged and investigation followed under Section 174 Code of Criminal Procedure. Reaching the spot, the dead body was inspected, injury statement prepared and subjected to autospy in the hospital at Doda. During the course of investigation, it came to light that deceased had been beaten mercilessly by fists, kicks and danda blows by accused Bal Krishen, sequal to which she died. The Police recovered the danda (Exhibit P -1) at the instance of the accused, prepared challan and transmitted the same to the Court of Chief Judicial Magistrate, Doda, who committed it to Court of Sessions for trial.

(3.) ACCORDINGLY , accused was charged for offence under Section 302 RPC to which he pleaded not guilty and claimed trial. As many as seven witnesses were examined for the prosecution followed by statement of accused under Section 342 of Code of Criminal Procedure and defence witnesses numbering three. Ultimately, the accused was acquitted by the impugned Judgement, which has been challenged by the State through this Appeal.