State of Himachal Pradesh vs Govind Ram

Rajiv Sharma, J.—State has come in appeal against the judgment of the learned Additional Sessions Judge, Mandi in Sessions Trial No. 37 of 2003 whereby respondent, who was charged with and tried for offence punishable u/s 302 of the Indian Penal Code, has been acquitted on 20.12.2004. Case of the prosecution, in a nutshell, is that on 18.6.2003 when complainant PW-1 Krishan Lai was coming back to his house, he met accused at 2/2.30 P.M. He was standing in the Courtyard of Pradhan Mangat Ram. Complainant requested the accused to get him allotted a house under I.R.D.P. Accused started abusing the complainant and the quarrel ensued. In the meantime, deceased Ghuma Ram intervened. He requested the accused not to fight. Thereafter, accused hit Ghuma Ram with stone. Ghuma Ram became unconscious. Thereafter, complainant was also hit with stones by the accused. It is in these circumstances, F.I.R. was registered at the instance of PW-1 Krishan Lai on 19.6.2003. The post-mortem was conducted by Dr. Jiya Lai. He issued M.L.C. Ex. PE after receiving the report of the Medical Officer Ex. PD. Accused, complainant and PW-6 Maghi Devi were examined by PW-10 Dr. Arvind Sethi. The investigation was completed and the challan was put up after completing all the codal formalities.

The prosecution has examined 15 witnesses in all. Statement of accused u/s 313 was recorded. The case of the accused is of simplicitor denial. He has also examined two witnesses in his defence. The trial Court has acquitted the accused on 20.12.2004. It is in these circumstances, the State has filed the present appeal.

Mr. R.K. Sharma, learned Senior Additional Advocate General has vehemently argued that the prosecution has proved its case against the accused. According to him, the trial Court has not correctly appreciated the oral as well as documentary evidence.

Mr. Vinod Gupta has supported the judgment of acquittal.

We have heard the learned Counsel for the parties and have perused the records carefully.

According to PW-1 Krishan Lai, when he was coming back to his house on 18.6.2003, he met the accused. He requested the accused to get him allotted the house under I.R.D.P. However, the accused picked up quarrel. Then Ghuma Ram, President of Bagund came and inquired from the accused regarding the quarrel. The accused lifted stone from the ground and hit Ghuma Ram on his head. Ghuma Ram received injuries and fell on the ground. Accused hurled another stone on him, which hit him and he became unconscious. Yuv Raj took him to the Doctor. He came to know through his wife that Ghuma Ram has succumbed to his injuries. According to him, PW-6 Maghi Devi has also asked the accused not to aggravate the fight. She was going to Jungle with Darat. Accused snatched the Darat from FW-6 Maghi Devi. Accused came towards him to kill him with Darat. However, PW-4 Ram Lai snatched the Darat from the accused. Maghi Devi also sustained injuries on her left hand. He identified Darat Ex. P-1. According to him, he was hit with stone Ex. P-3 and stone Ex. P-4 missed the target. In his cross-examination, he categorically admitted that accused Govind Ram was fully intoxicated and he was not in a position to walk and stand properly. In his cross-examination, he deposed that stones Ex. P-3 and P-4 were identified by his wife and the same were handed over to the police by her. Police visited the spot on 18.6.2003.

PW-2 Daryodhan Kumar is Up-Pradhan of Gram Panchayat Mahog. According to him, he was sitting in his shop at about 3-4 P.M. Someone informed him regarding quarrel between accused Govind Ram and Krishan and while quarreling, Ghuma Ram came there and he was pelted stones by the accused and Ghuma Ram died on the spot. He informed the Police Station, Karsog. He rushed to the spot and he saw injury on the left eye of Ghuma Ram. According to him, he was joined in the investigation by the police on 21.6.2003. He categorically deposed that accused lifted the stones from the spot and handed over to the police. He gave one stone, which was separately sealed with seal ''M''. Thereafter accused gave two stones, which were also sealed in another parcel and sealed with seal ''M''. He appended his signatures on the parcel. He identified his signatures Ex. P-3 and P-4 on parcel Ex.P-2. He identified stone Ex. P-6 with which the deceased was hit. He has denied the suggestion that the stones were produced by the wife of PW-1. Self-stated that two stones were given by the wife of PW-1 and one was produced by the accused.

The post-mortem has been conducted by PW-3 Dr. Jiya Lai, Medical Officer, C.H.C. Karsog. According to his opinion, the cause of death was damage to CVS (cardio vascular) and respiratory centres of brains stem due to cerebral compression and coning which was in turn due to massive cerebral hemorrhage and left sided sub dural haematoma whose antecedants causes being head injury, i.e. compression fracture of skull. He has given the opinion after perusing Chemical Examiner Report Ex. PD.

PW-4 Ram Lai has testified that on 18.6.2003 at about 2 to 2.30 P.M., he was carrying a bag of garlic on his back from his home. He was accompanied by Sher Singh, Partap Singh, Dhyan Singh and Nand Lai. They were loading the tractor near the house of Paras Ram. Krishan Lai has constructed a house at Bhagoond. Krishan Lai was standing near his house and was quarreling with the accused. They were at a distance of 8 to 10 feet. They separated the complainant and accused. Thereafter, Ghuma Ram arrived at the spot and inquired from the accused as to why they were quarreling. Ghuma Ram tired to pacify, however, accused questioned him as to who was he? Accused picked up a stone and hit the deceased. The stone struck the portion above the left eye and blood started oozing out and Ghuma Ram fell unconscious and the son of Ghuma Ram, who was nearby, arrived on the spot and took Ghuma Ram to his house. Thereafter, accused Govind Ram pelted stones twice at Krishan Lai. According to him, Maghi Devi was carrying a Darat and was going to Jungle. She was stopped by Govind Ram and the Darat was snatched by him. She sustained injury on her thumb. 2-3 persons present on the spot snatched the Darat from the accused and returned it to Maghi Devi. In his cross-examination, PW-4 Ram Lai has stated that son of Ghuma Ram took him to his house and thereafter he came on the spot. He has admitted that he was stacking garlic at the house of Dhagu Ram. On a Court question, PW-4 has answered that the house of Paras Ram and Dhagu Ram were adjoining to each other.

PW-6 is Maghi Devi. She has stated that she saw accused and Krishan Lai quarrelling with each other. She requested them not to quarrel. Accused snatched Draft from her. She sustained injury on her left thumb and blood started oozing out. In the meantime, 2-4 persons snatched the Darat from the accused.

PW-7 Surinder Kumar has testified that accused sold the land to him whereupon PW-1 Krishan Lai has raised his wooden Khokha...Accused prepared papers and no sale deed was executed since the land fell in Abadi-Deh. He paid Rs. 7,000/- as consideration to the accused. According to him, when Krishan Lai objected to the sale transaction, he left the land for him. However, in his cross-examination, he has admitted that he had not shown papers of sale transaction to the police during investigation. According to him, the accused has given him the land of maternal grand mother regarding which no documents were prepared. He has admitted that he has not paid any consideration to the maternal grand mother of the accused.

PW-8 is Satpal. According to him, he alongwith Dhyan Singh were loading garlic in the tractor near the house of Mangat Ram. He was at a distance of 10 feet when he saw PW-1 Krishan Lai with accused. In the meanwhile, his father came from the side of house of Paras Ram. He tried to pacify the parties. However, accused picked up stone and pelted on his father which hit him and blood started oozing out and his father became unconscious. According to him, Dhyan Singh, Sher Singh, Partap Singh, Ram Lai and Nand Lai also witnessed the occurrence. In his cross-examination, he has admitted that PW-1 caught hold the accused from collar.

PW-9 Partap Singh has testified that on 18.6.2003 at 2 - 2.30 P.M. at Bhagound, he was loading his garlic in the tractor near the house of Paras Ram. Nand Lai, Sher Singh, Dhyan Singh, Ram Lai were also present there. He was standing at a distance of 15 feet. According to him, accused took stone from the ground and pelted on PW-1. However, it did not hit him. Krishan Lai caught hold the accused from his collar and both rolled down from the wall which is about 4 feet in height near the house of Mangat Ram. Ghuma Ram by that time also came there and asked accused as to why he is quarrelling. Accused picked up stones from the ground and hit Ghuma Ram near left eye and blood came out. Accused was holding the stone and he hit Ghuma Ram near the left eye. He picked up another stone and pelted it on PW-1. In his cross-examination, he has stated that accused pelted three stones, out of which two were stones and one was slate. He has admitted in his cross-examination that his relations with the accused were not cordial. Accused had appeared as prosecution witness against him in a case under Sections 379 of the Indian Penal Code and 41 and 42 of the India Forest Act.

PW-10 Dr. Arvind Sethi has examined the complainant Krishan Lai, PW-6 Maghi Devi and the accused. He has noticed the following injuries on the person of accused:

There was lacerated wound 2 cm x 1 cm in size on left knee scab positive.

There was lacerated wound of 3 cm x 0.5 cm in size scab positive.

Scratch 2 cm long at the nape of neck.

In his cross-examination PW-10 Dr. Arvind Sethi has admitted that if a person sustains injury No. 1 mentioned in Ex. PR, he cannot immediately stand up.

The investigation was carried out by PW-14 S.I. Mangat Ram, Police Station, Karsog. According to him, accused produced one stone vide memo Ex. PB, which was sealed with seal ''M'' in a parcel on 21.6.2003 and the accused produced two stones allegedly pelted on PW-1 vide memo Ex. PC, which were sealed in one parcel sealed with seal ''M'' in the presence of the witnesses.

According to the medical opinion of Dr. Jiya Lai (PW-3), deceased Ghuma Ram died due to damage to CVS. However, the Court has to consider as to who has caused the injury, which has led to death of Ghuma Ram. According to PW-1 Krishan Lai, as discussed hereinabove, he was coming back to his house on 18.6.2003 when accused met him. A quarrel took place between him and the accused. According to him, his wife, Mangat Ram, his mother-in-law and other villagers, namely, Ram Lai, Sher Singh and Nand Lai were also present. In the F.I.R. registered at the instance of PW-1, names of Ram Lai and Dhyan Singh were mentioned. The prosecution has not examined complainant''s wife, his mother-in-law, Mangat Ram, Sher Singh, Nand Lai and Dhyan Singh. Dhyan Singh has been examined by the accused as DW-1. It has come in the statement of PW-1 that the accused was fully intoxicated and neither he could stand nor he could walk. In these circumstances, it is difficult to believe that he could pick up the stone and hit the debased Ghuma Ram with force. According to him, he was hit by stone Ex. P-3 and Ex. P-4 missed the target. According to him, the stones were handed over to the police by his wife. As per statement of PW-2 Daryodhan Kumar, accused lifted the stone and handed over the same to the police. Thus, there is contradiction between the statements of PW-1 and PW-2 the manner in which stones were recovered. PW-14 S.I. Mangat Ram, Investigating Officer has also deposed that accused had produced two stones on 21.6.2003. Ghuma Ram was hit with stone Ex. P-6. PW-1 Krishan Lai was hit with stone Ex. P-3 and P-4 missed the target. However, according to the statement of PW-9, accused pelted three stones, out of which two were stones and one was state on Krishan Lai. PW-9 has deposed that accused has not hurled the stone at the deceased, but he was holding the stones in his hand and he gave a blow like a slap to Ghuma Ram. The weight of the stone according to PW-9 was half kg. It has also come on record that the accused was also caught hold by complainant PW-1 and he rolled down by 4 feet. It has also come in the evidence of PW-10 Dr. Arvind Sethi that due to the injury No. 1 caused to the accused, he could not immediately stand and walk. In these circumstances, it is difficult to believe that a drunken man, who was also injured and neither could stand nor could walk, could hit the deceased with stone with such a force leading to his death.

According to the prosecution, Ram Lai was also present on the spot. His statement cannot be believed. In his cross-examination, he has stated that he came to the spot when son of Ghuma Ram had taken Ghuma Ram to his house. Thus, his presence on the spot is suspect and his version cannot be believed. As far as the statement of PW-7 is concerned, he has not produced any document to prove transaction with the accused. The presence of son of Ghuma Ram, i.e. PW-8 on the spot is also doubtful. Neither PW-1 nor PW-4 nor PW-6 nor PW-9 have mentioned about the presence of Satpal (PW-8) on the spot. His name did not find mention in the F.I.R. In the F.I.R. names of Dhyan Singh, Sher Singh, Nand Lai and Ram Lai were mentioned. His name has not been mentioned by PW-1, PW-4, PW-6 and PW-9. PW-9 Partap Singh had inimical relations with the accused. The accused had appeared as prosecution witness against him as per the admission made by him in his cross-examination. The prosecution has not explained the three injuries received by the accused as per M.L.C. Ex. PR. It has also come on record that the place where the accused and Krishan Lai were fighting was strewn with stones. No blood was found on the stones produced in the Court. Only PW-4 has stated that Satpal, Dhyan Singh, Kanta Devi, Hans Raj and Bhag Chand were present on the spot. Dhyan Singh, Kanta Devi, Hans Raj and Bhag Chand have also not been examined by the prosecution. PW-8 Satpal son of deceased Ghuma Ram has admitted in his crossexamination that there is a ''BEER'' of 10 to 15 feet in height in front of the house of Mangat Ram downward to the road and the same is strewn with stones and there are also stones on the road.

According to DW-1 Dhyan Singh, Ghuma Ram was pushed by Krishan Lai and Ghuma Ram struck against ''BEER'' of stones. Accordingly to him, only Pratap, Nand Lai and Ram Lai were present in the house of Paras Ram and they were playing cards. He has denied the suggestion that Ghuma Ram was hit by accused. PW-4 in his cross-examination has stated that Hans Raj was also present on the spot. He was examined by the accused as DW-2. According to him, Ghuma Ram came on the spot and asked Krishan Lai why he was beating Govind Ram, Pradhan. The moment accused stood, complainant got a push and it further pushed the deceased and he fell towards BEER where deceased struck against stones projected in the BEER. He has also reiterated that Sher Singh, Nand Lai, Partap and Ram Lai were playing cards in the house of Paras Ram. PW-4 has also admitted in his cross-examination that there is a BEER of stones about 10-15 feet downward from the house of Mangat Ram. He has also admitted that Krishan Lai, i.e. PW-1 pushed the accused from the BEER.

Accordingly, the learned trial Court has correctly appreciated the evidence produced by the parties and there is no infirmity in the judgment of the trial Court. Consequently, in view of the observations and discussions made hereinabove, there is no merit in the appeal and the same is dismissed. Bail bonds are cancelled. No costs.