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Judgment
Rajiv Sharma, Judge
State has come in appeal against the judgment dated 20.03.2002, passed by the learned Sessions Judge, Kangra at Dharamshala, H.P. in Sessions Trial No. 16 of 2001, whereby the respondents, who were charged with and tried for offence punishable under Sections 451 and 304 read with Section 34 of the Indian Penal Code, have been acquitted. Case of the prosecution, in a nut-shell, is that on 09.06.1998 at 10:30 p.m., a telephonic message was received from the hospital from Parma Nand that Rasil Singh had died in Dehra hospital. On receipt of this information, S.H.O. went to the hospital. The statement of Manjeet Singh was recorded u/s 154 of the Code of Criminal Procedure. According to the complaint, on 06.06.1998 at about 8:30 p.m., his father and younger brother went to home and when he was returning, his younger brother Gurdeep Singh Told that his father was being beaten up, on which he parked the taxi and went to his home and found Dhian Singh, Pawan Kumar and Gaggan Kumar giving beatings to his father Rasil Singh, who had been thrown in the Courtyard and Dhian Singh was giving beatings with stone while Pawan Kumar and Gaggan Kumar were giving fist and leg blows. He was saved by Sudershana. She was also beaten up by accused Pawan Kumar with his Scooter. An Alarm was raised, which attracted the attention of Ashok Kumar, Ramesh Rana and Ajmer Singh. They reached at the spot and on seeing them, the accused ran away. Thereafter, F.I.R. No. 89 of 1998 was registered and after completing all the codal formalities, the challan was put up in the Court.
The prosecution has examined 14 witnesses to prove its case. The statement of accused was also recorded u/s 313 of the Code of Criminal Procedure.
Mr. R.K. Sharma, learned Senior Additional Advocate General has strenuously argued that the prosecution has proved its case against the respondents.
Mr. Neeraj Sharma, learned counsel for the respondents has supported the judgment dated 20.03.2002.
We have heard the learned counsel for the parties and gone through the records carefully.
PW-1 Dr. Sumit Sood has examined Rasil Singh, aged 70 years on 6.6.1998 at about 10:30 p.m. He has proved the M.L.C. Ex. -PA. PW-2 Dr. Kulbhushan Sood has testified that Rasil Singh, aged 70 years, was referred to by Dr. Sumit Sood (PW-1), M.O., C.H. Garli. He was admitted in the hospital at Dehra. Rasil Singh was unconscious and in a state of shock. He prescribed medicines and on examination found that there was acute myocardial infarction and E.C.G. was done. Rasil Singh died on the same night at 12:12 a.m.
PW-4 Sh. Manjit Singh has testified that on 06.06.1998, he was coming from Bani to his house in a taxi alongwith his father Rasil Singh and brother Gurdeep Singh. After dropping them near his house, he returned in the vehicle alongwith Ashok Kumar, Ajmer Singh and Ramesh, who were sitting in the vehicle and when he turned the vehicle, his younger brother Gurdeep Singh told that some quarrel was taking place at home. He stopped the taxi and went to the house. It was 8:30 p.m. at that time. He found that accused Dhian Singh, Pawan Kumar and Gaggan were giving beatings to his father Rasil Singh inside the house. Accused Dhian Singh was giving blows with stones while other two accused were giving fist and leg blows to his father. His younger brother Deepa and sister-in-law Sudershana Devi tried to rescue his father. Accused Pawan Kumar started his scooter and gave push to his Bhabi Sudershana. In the meantime, Pappu alias Ashok Kumar, Ajmer and Ramesh came on the spot and on seeing them, the accused persons ran away from the spot. According to him, accused Pawan Kumar and Gaggan had a fight with his brother Gurdeep Singh in the evening, as a result of which, accused gave beatings to his father. He took his father to Government hospital, Garli. He further stated that his father told him not to file any case and he told the doctor accordingly. Rasil Singh was also taken to Dehra hospital on 08.06.1998. He died on the same night. He admitted in his cross-examination that police visited the spot on 07.06.1998 and the matter was got compromised by some respectable persons of the village. The compromise was signed by Rasil Singh and Dhian Singh at 11:00 a.m. on 07.06.1998.
PW-5 Smt. Sudershna Devi has supported the version of PW-4 Manjeet Singh. PW-6 Sanjay has testified that on 06.06.1998, he was coming in the Jeep to congratulate Smt. Nirmla Devi, who had won the election and at about 8:30 p.m., when he reached near the house of Manjeet Singh, he saw accused running away from the house of Manjeet Singh and in the house of Manjeet Singh, Ashok Kumr, Ajmer Singh, Ramesh Rana, Gurdeep Singh, Manjeet Singh and Smt. Sudershna Devi were present while Rasil Singh was lying in an injured condition.
Ashok Kumar (PW-7) has deposed that on 06.06.1998 at about 8:30 p.m., he was coming with Ramesh Rana and Ajmer Singh in a taxi of Manjeet Singh to congratulate Smt. Nirmla Devi, who won the election. In the meantime, father of Manjeet Singh and his brother met and asked Manjeet Singh to drop them at home and Manjeet Singh took them and dropped near his house at 8:30 p.m.. When they were returning, brother of Manjeet Singh came and told that fight had taken place. Manjeet Singh left the taxi about 500 yards away from his house and went with his brother to his house. After ten minutes, he heard the noise from the side of the house of Manjeet Singh. He went there and saw three persons coming out from the gate, but due to darkness, he could not identify them. According to him, Manjeet Singh told him that Dhian Singh gave beatings to his father. On the next day after the death of Rasil Singh, police came to the spot and took into possession Chappel Ex. P-10 vide recovery memo Ex.-PF and sketch of that Chappel is Ex. PG.
PW-8 Smt. Karam Dei has testified that the procession was going to the house of Nirmala Devi and she went inside the house and nobody came to her house nor Dhian Singh came to her house. She was declared hostile.
PW-9 Shri Madan Lal has testified that accused Dhian Singh, Pawan Kumar and Gaggan were not seen by him in the Police Station when he went to the Police Station about two or three years back. He further stated that no statement was given by the accused in the police station in his presence. He was declared hostile.
PW-10 Shri Shamsher Singh has testified that on 10.06.1998 or 11.06.1998, he came to know that police arrested Dhian Singh and his sons, who were brought in the village and in his presence Pawan Kumar took out one Chappel from his house and produced the same to the police and prepared sketch Ex.-PK. The chapel was taken into possession vide Ex.-PL and memos Ex.-PK and Ex.-PL were signed by him.
PW-11 Bhoop Singh has testified that on receipt of rukka Ex.-PD, F.I.R. was recorded by him vide Ex.-PN. The post mortem report has been proved by Dr. D.P. Swami vide Ex.-PQ. The matter was investigated by PW-14 Sh. Govind Ram. According to him, on receipt of telephonic message from HC Parma Nand that Rasil Singh has died in Dehra hospital, he went to the hospital and inspected the dead body and photographs were taken through Ashok Kumar. The inquest report Ex.-PO was prepared. The body was sent for post mortem examination vide application Ex.-PF. He recorded the statement of Manjeet Singh u/s 154 of the Criminal Procedure Code and sent the same to Police Station for registration of F.I.R.. He went to the spot on 09.06.1998. According to him, one Chappel Ex. -PG was recovered from the spot, which was taken into possession vide memo Ex.-PL. Chappel Ex.-P10 is the same. According to him, the accused were arrested on 09.06.1998 and on the next day, accused Dhian Singh and Pawan Kumar gave disclosure statements u/s 27 of the Evidence Act. Dhian Sngh gave the statement that stone was lying on the spot and he could get the same recovered and his statement is Ex.-PJ. Accused Pawan Kumar also gave the statement that he kept the chapel in his house, which he could get recovered. Both the accused got the stone and chappel recovered, which were sealed and taken into possession vide recovery memos Ex.-P1 and Ex.PM in the presence of Shamsher Singh and Ajmer Singh.
In the instant case, the incident is dated 06.06.1998 at about 8:30 p.m. The matter was compromised as per the statement of PW-4 Manjeet Singh on 7th June, 1998. It has come in the statement of PW-4 Manjeet Singh that his father has told him not to file any complaint with the police. There is delay in the registration of F.I.R. and the same has not been explained by the prosecution. Rasil Singh has died on 8th June, 1998. The F.I.R. ought to have been registered immediately when Rasil Singh was examined on 06.06.1998 by PW-1 Dr. Sumit Sood. The matter ought to have been reported to the police even on 7th July, 1998 when the Police visited the village. The matter could be reported even by Rasil Singh to the Police since he was at home on 7th June, 1998. There is variance in the reports of PW-1 Dr. Sumit Sood and PW-2 Kulbhushan Sood. There is serious discrepancy the manner in which the chappel and stone have been recovered. PW-9 Madan Lal has testified that no disclosure statement was made by accused Dhian Singh, Pawan Kumar and Gaggan in his presence. He was declared hostile. PW-12 Dr. D.P. Swami has testified that there could be fracture if the massage is done on the portion having pain. 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.