State of Himachal Pradesh vs Naresh Kumar and Others

Rajiv Sharma, Judge

This appeal by the State is directed against the judgment dated 30.05.2005, passed by the learned Additional Sessions Judge, Fast Track Court, Shimla in Sessions Trial No. 8-S/7 of 2003/2000, whereby the respondents, who were charged with and tried for offence punishable under Sections 147, 148, 307, 342,323,506 read with Section 149 of the Indian Penal Code, have been acquitted. The case of the prosecution, in a nut-shell, is that on 31.05.1998, when complainant Laiq Ram (PW-3) of village Keet, was going to village Moug alongwith his brother Rama Nand (PW-7), he saw Naresh Kumar, respondent No. 1 and his Bhabhi, Babli (respondent No. 5) grazing cows in the disputed land near Keet Nalah. They objected to grazing by informing them that there were stay orders granted by the competent Court. They were threatened by the accused persons. At about 3:00 p.m., when the complainant party reached the passage passing through the back side of the house of respondent No. 1 and Shyam Lal, they were obstructed by Bansi Lal, respondent No. 4 and respondent No. 1, Naresh Kumar. Respondent No. 1 gave a blow with an Axe in order to kill the complainant. The complainant sustained injuries on the left side of his left eye. Respondent No. 4 attacked Hatinder Kumar (PW-8) with pachokra (Axe) in order to kill him. His left arm was injured. His brother Rama Nand (PW-7) was also attacked by the accused persons by giving him pachokra and axe blows. In the meantime, respondent No. 2 and respondent No. 3 also came on the spot alongwith Yogesh and Suresh, sons of Manohar Lal, Devku and respondent No. 5, Subhadra alias Babli. Respondent No. 2 Prem Singh, respondent No. 3, Manohar Lal, Yogesh and Sunil were armed with dandas. They were instigated by respondents No. 5 and 7 to kill them. Respondent No. 6, Asha Devi also reached the spot. She also instigated the accused persons to kill the complainant party. Accused persons also dragged PW-8, Hatinder to their Obra (cow shed) and he was freed by the police. The incident was also witnessed by Pushpa, Yogita Verma and Jyoti Verma. PW-3, Laiq Ram made the statement vide Ex. PW-3/A, on the basis of which F.I.R. Ex. PW1/A was registered. The respondents were medically examined by PW-6, Dr. Rajinder Visht. The respondent No. 3 has produced the dandas Ex. P-2 and Ex. P-3 before the police. Respondent No. 4 has produced the pachokra Ex. P-1 and the same was taken into possession vide memo Ex. PW-2/B. Ex. P-4 (Axe) was found on planks in the courtyard of the joint house of respondent No. 1 and Shyam Lal and the same was taken into consideration vide memo Ex. PW-3/B. The clothes of the complainant and injured witnesses were also taken into possession by the police. These were sent to F.S.L. alongwith weapon of offence, i.e., pachokra and axe. The report of the F.S.L. is Ex. PW-10/D. The blood was found on the stones Ex. P6 to Ex. P-8. These stones were taken into possession vide memo Ex. PW-4/A. Thereafter, the challan was put up after completion of all the codal formalities.

The prosecution has examined 10 witnesses to prove the case against the accused persons. The statements of the accused were also recorded u/s 313 of the Criminal Procedure Code. They pleaded innocence and claimed trial. The learned trial Court acquitted the respondents/accused. Hence, this appeal by the State.

Mr. Vikas Rathore, learned Deputy Advocate General has strenuously argued that the prosecution has proved its case against the respondent. According to him, the learned trial Court has not correctly appreciated the evidence led by the parties.

Mr. P.P. Chauhan, learned counsel for the respondents has supported the judgment of the learned trial Court dated 30.05.2005.

PW-1, MHC Ved Parkash has deposed that he has sent six sealed parcels for chemical examination at F.S.L., Junga through LHC Inder Singh No. 417 vide R.C. No. 85/98. According to him, the case property remained intact in his custody. It was not tempered with. F.I.R., Ex. PW-1/A was written and signed by him, which was registered on the basis of ruka sent by SI/SHO Gurdayal Singh.

PW-2, HC Ram Singh has deposed that on 07.06.1998, accused Manohar Lal produced two dandas of devdar and paja. These were taken into possession by the I.O. The same were taken into possession vide memo Ex. PW-2/A. The dandas were identified by complainant Liaq Ram (PW-3). On the same day, accused Bansi Lal produced one pachokra (axe). The same was taken into possession vide Ex. PW-2/B. He has admitted in his cross-examination that he did not notice any blood stains on the pachokra and dandas.

PW-3, Laiq Ram is the complainant. The F.I.R. was registered on the basis of his statement made vide Ex. PW-3/A. According to him, on 31.05.1998, he alongwith his brother Rama Nand (PW-7) were going to village Moug in the morning. When they reached near reached near the house of accused persons, they saw that accused persons had put their cow in their fields, in respect of which, the High Court has already issued stay orders. He requested accused Babli and Naresh to take out their cow from the fields. They went to village Moug. They came back from their village and reached at Raighat. Thereafter, he alongwith his brother Rama Nan and his son Hitender started moving towards his house. When they reached the house of accused persons, accused persons Naresh and Bansi Lal met them. Accused Bansi Lal was carrying pachokra and accused Naresh Kumar was carrying an axe. They started beating them. Accused Naresh, who was carrying an axe gave an axe blow on his head, which he tried to stop, but, despite that, it caused injuries on his left eye brow, as a result of which, the blood started oozing. Accused Bansi Lal also tried to cause injuries to him, but he escaped by moving backward. He sustained injuries on his right arm. In the meantime, his son Hitender came to his rescue and in that process, accused Bansi Lal gave a blow with pachokra, as a result of which his son Hitender received injuries on his right arm and the blood started oozing from the injury. Accused Naresh Kumar also gave an axe blow to his son, however, he escaped. Accused Bansi Lal gave a blow on the back side of the head of his brother with the help of pachokra. Accused Naresh Kumar also gave an axe blow and his brother sustained injuries on his head and the blood started oozing from the injuries. In the meantime, accused Devku, Asha and Babli also reached on the spot and they started instigating accused Bansi and Naresh to kill them. Thereafter, accused Prem Singh and Manohar Lal also reached the spot with dandas and they also started giving beatings to him, his brother and his son, as a result of which, they received injuries on all over their bodies. His son was dragged to their Obera (cattle shed). The entire incident was witnessed by Smt. Pushpa, Yogita and Jayawanti. Some Gorkhas, who were also present and saw them, informed their family members and thereafter some members of their family made a telephonic call to the Police Station, informing about the incident. The statement of the complainant was recorded u/s 154 of the Criminal Procedure Code vide Ex. PW-3/A. They were taken for medical examination to Civil Hospital, Theog and thereafter from Civil Hospital, Theog to I.G.M.C., Shimla. In his cross-examination, he has admitted that the quarrel took place for about 4-5 minutes. He further stated that the ladies accused, i.e., Devku, Pushpa and Asha came after the occurrence. The incident took place near the house of Shyam Lal and Naresh. He also admitted that besides the houses of the accused persons, there were houses of Chet Ram, Kewal Ram and Sadhi. He has also admitted in his cross-examination that he was in the Police Station when the weapon of offence were produced. He was also present in the Police Station when the Axe was produced by Naresh Kumar.

PW-4, Miss Yogita deposed that she had come to village Keet to see the relations of her friend Jaiwanti. When they were coming back to their house after taking meals and reached near the house of accused persons, she saw accused Bansi Lal carrying a pachokra in his hand and accused Naresh with an Axe. Accused Naresh suddenly attacked Sh. Laiq Ram with an axe, which hit on the left eye of Laiq Ram. Accused Bansi Lal gave a pachokra blow to Laiq Ram. Accused Bansi Lal also gave a pachokra blow on the head of Sh. Hatinder Kumar. The accused persons dragged Sh. Hatinder Singh towards the cattle-shed. However, in his cross-examination, PW-4 has deposed that she left the house Laiq Ram on the following day. She further stated that she has seen the accused persons for the first time on that day.

PW-5, Dr. M.L. Pandey has medically examined the complainant Laiq Ram. In his cross-examination, he has categorically stated that the injury on the eye part was simple.

PW-6, Dr. Rajinder Visht has medically examined Shri Rama Nand (PW-7). He issued M.L.C. Ex. -PW6/A. According to him, the nature of injury was grievous and the weapon used was sharp and the probable duration of injury was within six hours. He also examined Shri Hitender Kumar (PW-8). He noticed incised would approximately 2 cm. x 1 /2 and 1 /2 over left side of elbow and two lacerated wound. In his opinion, the nature of injury was simple and the weapon used was sharp and the duration of injury was within six hours. He issued M.L.C. Ex. PW-6/B. He also examined Sh. Liaq Ram and issued M.L.C. Ex. PW-6/C. According to him, the nature of injury was simple and the weapon used was blunt. The duration of injury was six hours. He has admitted in his cross-examination that injury No. 1 mentioned in Ex. PW-6/A could be caused by a stone having a sharp edge.

PW-7, Sh. Rama Nand, brother of complainant (PW- 3) has corroborated the statement of PW-3. According to him, the duration of the quarrel was 5 to 6 minutes.

PW-8, Sh. Hatinder Kumar has deposed that when they were coming back to their house and reached at village Keet, accused persons Naresh and Bansi attacked them. Accused Naresh was having an axe and accused Bansi was having a pachkora in their hands. Firstly, accused Naresh attacked with an axe on the eye of his father and accused Bansi Lal attacked with pachokra to his uncle Rama Nand. The accused persons Manoher Lal and Prem Lal were carrying dandas in their hands and they gave beatings to his uncle Rama Nand. The ladies were instigating the accused persons. Accused Bansi Lal gave a pachkora blow on his left arm and he received injuries. The occurrence was witnessed by Yogita, Pushpa and Jayawanti. The accused persons dragged him towards the cow-shed and confined him there.

PW-10, Sh. Gurdial Singh, Inspector has carried out the investigation. He has taken into possession the Axe and prepared the spot map Ex. PW-10/A. He also taken into possession the blood stains stones from the spot Ex. P-6 to Ex. P-8. He has also taken into possession the blood stains clothes of injured witnesses.

PW-2, HC Ram Singh has not noticed any blood stains on the pachokra and dandas. PW-4, Yoigita Devi is the only independent witness. She does not belong to village Keet. In her examination-in-chief, she has stated that when she was going to her village, she witnessed the incident. However, in her cross-examination, it has come that she left the house of the complainant party next day. The presence of PW-4 on the spot is doubtful.

PW-3, Sh. Laiq Ram has deposed that the quarrel took place for 4-5 minutes. However, PW-7, Rama Nand deposed that the quarrel took place for 5-6 minutes. According to PW-3, ladies accused, i.e., Devku, Pushpa and Asha came after the occurrence. However, according to the other witnesses, the ladies were already on the spot and they were instigating the accused to kill the complainant party. The prosecution has not examined any independent witness, though the houses of Chet Ram, Kewal Ram and Sadhi were in the vicinity. The weapons of offence were produced in the Police Station and PW-3, Sh. Laiq Ram has categorically admitted in his cross-examination that the Axe was produced by Naresh in the Police Station. PW-4, Yogita Devi has deposed that accused Naresh Kumar has handed over an Axe, Ex. P-4 to the Police during the course of investigation. The same was sealed on the spot.

According to PW-5, Dr. M.L. Pandey, the injury received by Laiq Ram on the eye was simple. According to PW-6, Dr. Rajinder Visht, the injuries received by Rama Nand (PW-7) were grievous and the weapon used was sharp and the probable duration of injury was within six hours. According to him, the injuries received by PW-8, Hitender Kumar were simple. He also examined PW-3, Liaq Ram. According to him, the injuries received by Laiq Ram were simple and the weapon used was blunt. The duration of injury was within six hours. It thus, belies the version of PW-3 that he was hit with an Axe by respondent No. 1. In case respondent No. 1 has hit him with an Axe, he would have received serious injuries. PW-6, Dr. Rajinder Visht has also deposed that the injury No. 1 in Ex.PW-6/A issued quo Rama Nand can be caused by sharp edged stones. In F.S.L. report Ex. PW-10/D, it has come that the Axe, Ex. P-4, pachokra, Ex. P-1 and stones were smeared with blood, but no blood grouping was carried out to prove that the blood was either of the complainant or the injured witnesses. According to PW-3, complainant Laiq Ram, his son Hitender Kumar (PW-8) had been given danda blows by respondents No. 2 and 3. It has also come in the evidence that PW-8 was dragged to the cow-shed. In case he was dragged, he ought to have received multiple injuries. However, the doctor has not noticed any multiple injuries on his body. There are inherent contradictions and discrepancies in the statements of the witnesses. The prosecution has failed to prove the case beyond reasonable doubt. The learned trial Court after considering the entire evidence, has rightly acquitted the accused. We, therefore, find no merit in this appeal, which is accordingly dismissed. Bail bonds are discharged.