AI Structured Summary
Not yet generated for this judgment
Judgment
Rajiv Sharma, Judge
State has come in appeal against the judgment dated 20.02.2003, passed by the learned Additional Sessions Judge, Mandi, H.P. in Sessions Trial No. 05 of 2001, whereby the respondents, who were charged with and tried for offence punishable under Sections 147, 148, 323, 149, 307 and 302 of the Indian Penal Code, have been acquitted. Case of the prosecution, in a nut-shell, is that one Shri Durga Dass has made a complaint Ex. P-Q u/s 154 of the Code of Criminal Procedure, stating therein that he is resident of Village Bari, Illaqua Hatli, Police Station Sarkaghat. According to the complaint, on 11.09.2000 at about 10:15 p.m. when the family of Durga Dass was preparing to take meal, then Bablu son of Jai Dev trespassed into their house and asked deceased Sita Ram that his wrist watch had been lost on the road. He requested him to accompany him to locate the watch. On this, brother of the complainant took a torch and left with the accused to locate the writ watch. When the brother of the complainant reached the field, they heard cries of Sita Ram asking for help. The complainant alongwith his brothers, father and other family members rushed to the site of occurrence and saw Karmu, Jagga and Taru, son of Kirpa Ram, Bablu son of Jai Dev, Shila, son of Bakshi Ram, Guddu, son of Baseria Ram and Panji, son of Anokha Ram, resident of the same village, who were beating the deceased with dandas and had thrown the deceased on the ground. The deceased was beaten up and he sustained grievous injuries on his person. The deceased was saved from the clutches of the accused. The complainant was also beaten up with dandas by the accused. The accused ran away from the spot. Thereafter, local residents also reached the spot. The dandas Ex. P-1 to Ex. P-4 were taken into possession vide memo Ex. -PU. The other belongings of the accused including chappals, clothes etc. were also taken into possession.
The matter was investigated. Thereafter, the challan was put up before the Court after completing all the codal formalities. The prosecution examined 14 witnesses to prove the case. The statements of accused were also recorded u/s 313 of the Criminal Procedure Code. According to them, a false case has been registered against them. Learned trial Court acquitted the respondents. Hence, this appeal by the State.
Mr. R.K. Sharma, learned Senior Additional Advocate General has strenuously argued that the prosecution has proved its case against the respondents.
Mr. M.S. Guleria, learned counsel for the respondents has supported the judgment dated 20.02.2003.
We have heard the learned counsel for the parties and gone through the records carefully.
The post-mortem of the body of deceased Sita Ram was conducted by PW-1 Dr. Vikas Gupta. According to him, the dead body has been brought to the hospital on 12.09.2000. An application was moved by A.S.I., Police Station Sarkaghat vide Ex. -PA. Thereafter, he conducted the post mortem on the body of deceased Sita Ram. The deceased was identified by Longu Ram and father-in-law of the deceased Tulsi Ram. Post mortem report is Ex. -PB, which was also signed by Dr. Ajay Aditya
PW-2 Dr. B.C. Saini has conducted the medical examination of accused Satish Kumar, Sushil Kumar, Anil Kant, Anil Kumar, Kartar Chnd, Jagdish Chand and Karam Chand. In case of Satish Kumar, Sushil, Anil Kant and Kartar Chand, no injury was found on the bodies of these persons. In case of examination of Anil Kumar, he noticed tenderness and swelling on the right hand on the inner aspect. He issued M.L.C. Ex. -PE. In case of Ramesh Chand, there was a bruise on the right wrist brownish in colour measuring 3 X 2 cms.. On the person of Karam Chand, he noticed abrasions on the left wrist on the palmer aspect measuring 3 X 2 cms. and there was lacerated wound on the middle finger measuring 1/2 X 1 cm. and there were two bruises on the back left side reddish in colour measuring 3 X 2 cms. and 5 X 2 Cms.
Dr. Vikram Lakhanpal (PW-3) has deposed that on 12.09.2000, ASI Arjun Dass, Police Station, Sarkaghat sent Roop Lal, Durga Dass and Lekh Ram through LHC Basant Ram and an application Ex. PF was moved for conducting medical examination of the said persons. On the medical examination of Roop Lal, he found two small contused lacerated wounds over right partial region of scalp about 1 cm X 0.5 cm. in size and also contused lacerated wound over occipital region of scalp about 3 cm. & 2.5 cm.. The injuries were found to be simple as per X-Ray report, though these were caused within 12 hours with blunt weapon. He issued M.L.C. Ex. -PG. He also examined Durga Dass and found two small contused lacerated wounds over frontal region of scalp about 1 cm. X 0.5 cms. in size just about in the middle line and about 1 cm. from the hair line edges abraded. One small contused lacerated wound over left wrist joint about 1 cm. in size. The injuries after report were found to be simple in nature, but caused with blunt weapon within a duration of 12 hours. He also examined the body of Lekh Raj, son of Roop Lal and found one small abrasion over left forearm slight swelling present with tenderness. His X-Ray was also conducted. The final opinion regarding the nature of injuries was simple caused within 12 hours with blunt weapon. The M.L.C. is Ex. P-J.
PW-4 Shri Desh Raj has prepared the spot map vide Ex. PK. Shri Basant Singh (PW-5) has deposed that on 12.09.2000 at about 12:05 at night, a telephonic message of M.C. Police Post Hatli was received regarding information supplied by Laungu Ram that Sita Ram of Village Bari had been murdered. The telephone was attended by ASI Arjun Dass, on the basis of which rapat No. 32, dated 12.09.2000 was entered by him in the rapatrojnamcha.
PW-6 ASI Bali Ram has deposed that on 12.09.2000 statement of complainant Durga Dass u/s 154 of the Criminal Procedure Code was recorded. Thereafter, F.I.R. Ex. -PN was registered and was sent to Illaqua Magistrate.
PW-7 Tulsi Ram has testified that on completion of the investigation and on receipt of the report of the Chemical Examiner Ex. -PO and Ex. -PP, he prepared the report u/s 173 of the Criminal Procedure Code and filed the same in the Court on 27.11.2000.
PW-8 and PW-9 are formal in nature. PW-10 Durga Dass has filed the complaint. According to him, they are four brothers, namely, Sita Ram, Lekh Raj and Dina Nath. He is eldest of the four brothers. They were living jointly. On 11.09.2000 at about 10/10:15 p.m., when he alongwith his brothers was taking meals, the accused Bablu, son of Shri Jai Dev came to their house. He invited him to take meal. Bablu told him that he has already taken meal and since he has lost his wrist watch, he called Sita Ram to accompany him. Sita Ram accompanied him with a torch to search wrist watch of the accused. His other younger brother followed deceased Sita Ram and accused Bablu. He heard cries of his younger brother Lekh Raj. He alongwith his father Roop Lal went towards the place from where the cries were emanating. He saw deceased Sita Ram lying in an injured condition and bleeding profusely from his head and nose. Accused Bablu was holding Sita Ram from the waist and accused Jagga, Karmu and Guddu were having dandas and they were inflicting blows on the person of deceased Sita Ram, whereas other accused persons were beating Sita Ram with fist blows. The accused also gave blows to him, his younger brother and his father. He informed Laungu Ram and Prema Ram about the incident. Laungu Ram informed the Police and within an hour, Police reached the spot. The personal belongings of accused were taken into possession by the Police, including their Chappals and dandas etc. Three dandas were also taken into possession vide seizure memo Ex. -PQ. These were sealed on the spot. The torch which deceased Sita Ram has taken alongwith him was handed over by him to the police and the same was taken into possession vide memo Ex. -PX. In his cross�examination, PW-10 has admitted that he has handed over the torch to the police after one and half month of the incident.
PW-11 Lekh Raj is the brother of complainant. He has stated that on 11.09.2000 at about 8:30 p.m. that he alongwith his brother deceased Sita Ram and Hem Raj were coming from village Khanot towards their house and when they reached the main road, then Hem Raj went to his house and he and Sita Ram started moving towards their houses. Sita Ram went towards maize field to answer the call of nature and he waited for him in the path. In the meantime, he heard accused Bablu, Karmu and Panji coming toward maize field calling deceased Sita Ram by name. They met accused persons on the path. Deceased Sita Ram inquired from them as to why they were calling him. On this, Bablu and Karmu caught hold of deceased Sita Ram from his neck and Panji tried to inflict blow on him. On the intervention of this witness, they left deceased after apologizing and went towards their houses. He and deceased Sita Ram came to their house. At about 10:30 p.m. on the same night, accused Bablu came to their house. All the family members were preparing to take meal. Accused Bablu called the deceased Sita Ram by name from outside. Thereafter, Sita Ram inquired from inside why he was calling him. Bablu was asked to take meal. He refused on the pretext that he has already taken his meal. He told deceased Sita Ram that he has lost his wrist watch at the place where they had quarreled at about 8:30 p.m and asked deceased Sita Ram to help him to locate the watch. Deceased Sita Ram brought his torch and accompanied accused Bablu. Accused Bablu took deceased Sita Ram towards the path which passes through in between maize field. Accused Bablu caught hold of deceased Sita Ram and all the accused persons suddenly appeared and started giving beatings to the deceased Sita Ram. Accused Jagga, Karmu and Guddu were having dandas Ex. P-1 to Ex. P-3. Ex. P-E was broken during the incident and is exhibited as Ex. P-4.. When this witness went towards deceased Sita Ram, accused Panji, Sheela and Taru started giving beatings to him. Thereafter, his father Roop Lal and Durga Dass, complainant reached the spot. They tried to rescue him. Accused Karmu gave danda blow on his left arm and left knee. Accused Jagga had given danda blow to his father and accused Karmu gave danda blow on the head of his brother.
PW-12 Laungu Ram has testified that he is member of the Gram Panchayat. On 11.09.200 at about 10:45 p.m., Lekh Ram and Sukh Ram came to his house and requested him to visit the spot. Lekh Raj at that time had some injury on his person. He accompanied Lekh Raj and found that mother of deceased was weeping. He tried to locate the pulse of deceased Sita Ram and found him dead. Roop Lal, father of the deceased was also bleeding from his head. Durga Dass, complainant was also bleeding from his head. Durga Dass told him that the accused persons had given beatings to him. When he reached the spot, Prem Chand was already there. He went to inform the police on telephone. The police reached the spot. Pradhan, Gram Panchayat, Kashmir Singh was also informed by him. Dandas Ex. P-1 to Ex. P-4, pair of chappal of deceased Ex. P-5, three pairs of chappal of accused Ex. P-6 to Ex. P-8, Banyan of accused Ex. P-9, blood stained soil and sample soil Ex. P-10 and Ex. P-11, respectively and Banyan and Chuni Ex. P-12 and Ex. P-13 were taken into possession by the police in his presence vide seizure memos Ex. PU, Ex. P-4, Ex. P-S, Ex. P-P, Ex. P-V and Ex. P-U. The torch was also sealed with seal impression "T". The seal after use was handed over to Pradhan, Kashmir Singh and recovery memo Ex. P-13 was prepared.
PW-13 is I.O. Shri Arjun Dass. He has testified that on 12.09.2000 at about 12:05 A.M., a telephonic message of Police Post, Hatli was received that Laungu Ram had informed Police Post Hatli that someone had killed deceased Sita Ram on which rapat No. 32 Ex. PX.-PM was entered in the rojnamcha. He alongwith L.H.C. Devi Singh and ASI Hoshiar Singh proceeded to the spot at 1:30 a.m.. Statement of Durga Dass was recorded vide Ex. P-Q. Consequently, the F.I.R was registered. Inquest papers Ex. PZ-1/9 was also prepared. The inquest report was prepared on 12.09.2000 in the presence of 20 to 25 persons and spot map was prepared on 13.09.2000 and torch was not lying there.
There is variance in the statement recorded u/s 154 of the Code of Criminal Procedure and the statement made by Durga Dass in the Court. In the statement u/s 154 of the Code of Criminal Procedure, Durga Dass has stated that accused Karmu, Jagga and Taru as also Bablu, Shila and Guddu all were having dandas and administered danda blows to deceased Sita Ram. When he appeared as PW-1, he testified that accused Bablu was holding deceased Sita Ram from his waist. Accused Jagga, Karmu and Guddu were inflicting danda blows on the person of deceased Sita Ram. Danda blows were also inflicted on his father by accused Jagga and by one of the accused on his person, i.e. PW-1. The Police has only recovered three dandas from the spot. In these circumstances, it is difficult to believe that all the accused were having dandas and have given beatings to deceased Sita Ram. The torch Ex. P-14 has been taken into possession only after 1-1/2 months from the date of incident. In the inquest report, the Investigating Officer has shown the presence of torch alongwith the dead body. Why this was not taken into possession, has not been explained. The incident has taken place on 11.09.2000 at about 10:15 P.M. The prosecution has not explained how the accused were identified by the prosecution witnesses in the darkness since the recovery of the torch is also doubtful. The prosecution has not explained the injuries on the accused persons. According to Durga Dass, 20-25 persons had assembled on the spot, but no person has been cited as a witness by the prosecution, though available. The incident has taken place on 11.09.2000 at 10:15 p.m., but the F.I.R. has been lodged in this case at 6:45 p.m. on 12.09.2000. It has come on record that fight has taken place at 8:30 p.m. between Sita Ram and Bablu. In these circumstances, it is difficult to believe the prosecution version that Bablu had gone to the house of Sita Ram at 10:15 p.m. and asked Sita Ram to accompany him to search his torch. There was enmity between the accused and the family of the deceased and in these circumstances, it is not understandable why Sita Ram had accompanied Bablu, that too, after 10:00 p.m. What emerges from the observations and discussions made hereinabove is that the prosecution has miserably failed to prove the case against the accused. Consequently, we will not interfere in the well reasoned judgment of the trial Court. Accordingly, there is no merit in this appeal and the same is dismissed.