Uttarakhand High Court
State Of Uttarakhand vs Deepak Lal on 23 September, 2019
Equivalent citations: AIRONLINE 2019 UTR 491
Author: Alok Singh
Bench: Alok Singh, Ravindra Maithani
Judgment Reserved on 01.08.2019
Judgment Delivered on 23.09.2019
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Government Appeal No. 175 of 2016
State of Uttarakhand. ............Appellant.
Versus.
Deepak Lal
and others. .......Respondents.
Present:
Mr. V.K. Gemini, Deputy Advocate General for the State of Uttarakhand / Appellant.
Mr. Devang Dobhal, Advocate for the respondents.
Coram:
Hon'ble Alok Singh, J.
Hon'ble Ravindra Maithani, J.
Per: Hon'ble Alok Singh, J.
1. Present appeal is directed against the judgment and order dated 25.05.2016 passed by Additional Sessions Judge, Tehri Garhwal in Session Trial No. 18 of 2015 thereby acquitting the respondents of the charge levelled against them under Section 302, 504, 506 IPC.
2. Brief facts of the present case are that PW1 Mohan Das lodged an FIR on 13.03.2015 at 09.15 p.m. with Revenue Police Station - Nandi Akri, Tehsil Devprayag, District Tehri Garhwal wherein it was stated that Balram informed the Gram Pradhan Vimla Devi (PW4) that one Prem Lal is digging a pit for toilet in his field, so you please come to the spot. On the said information, Gram Pradhan Vimla Devi told to his husband Ratan Das to go to the spot with the aforesaid Balram and she will come in a while. On this Balram and Ratan Das, husband of Gram Pradhan Vimla Devi, reached on the spot and they saw Prem Lal dug a pit in the field of Balram. They asked Prem Lal why he dug the pit in the 2 field of Balram. On which, Prem Lal became furious and came out from his house and started abusing them. Meanwhile, Deepak Lal & Rakesh Lal, sons of Prem Lal and Manju Devi, wife of Prem Lal also came there armed with danda and started pelting stones on them and further they gave life threat to Ratan Das; they scuffled with them and started beating them with danda / sticks. In order to save life, Ratan Das ran towards the house of Rajendra Lal; Rakesh Lal, Deepak Lal and Manju Devi chased aforesaid Ratan Das and strangulated him, as a result of which, Ratan Das fell unconscious. Meanwhile, Vimla Devi reached on the spot. She intervened between them and further raised alarm. Thereafter, people including Mohan Das / informant, Kuldeep and other villagers of the village gathered on the place of occurrence. Mohan Das and Balram took Ratan Das to Base Hospital, Srikote where doctor declared him brought dead.
3. On this information, FIR was registered as case crime no. 1 of 2015 as has already been referred above.
4. Since the information of the incident was received in late hours, therefore, the inquest was conducted on the next date i.e. 14.03.2015 at 09.30 a.m. and after the inquest the body was sent for post mortem on 14.03.2015 to the Base Hospital, Srinagar and post mortem was conducted by PW3 Dr. Dinesh Chauhan on 14.03.2015 at 11.50 p.m. In the aforesaid post mortem report the cause of death is shown to be "cardiac arrest caused due to shock".
5. After the investigation the concerned Investigating Officer submitted the charge sheet against accused Deepak Lal, Rakesh Lal, sons of Prem Lal and Manju Devi, wife of Prem Lal under Section 302, 504, 506 IPC. Thereafter, the Magistrate took cognizance into the matter and the matter was committed to the 3 Session Court and charges were framed on 30.11.2015 against the accused namely Deepak Lal, Rakesh Lal, sons of Prem Lal and Manju Devi, wife of Prem Lal under Section 302, 504, 506 IPC.
6. Prosecution in order to prove its case got examined PW1 Mohan Das - complainant, PW2 Balram, PW3 Dr. Dinesh Chauhan, PW4 Vimla Devi - Gram Pradhan, PW5 Kishori Devi mother of Balram, PW6 HCP Ran Bahadur Singh and PW7 Kishori Lal Raturi - the Investigating Officer.
7. Heard Mr. V.K. Gemini, Deputy Advocate General for the State of Uttarakhand / appellant and Mr. Devang Dobhal, Advocate for the respondents.
8. Mr. V. K. Gemini, Deputy Advocate General for the State of Uttarakhand argued that the FIR has been lodged promptly and there are eye witnesses of the alleged incident, as such there is no false implication in the matter. He would further submit that the prosecution has proved its case beyond all reasonable doubts by adducing overwhelming evidence against the accused but the learned trial court without appreciating the same acquitted the accused persons only on the basis of minor contradictions in examination of prosecution witnesses. He further prayed on the basis of sufficient material as well as evidence available on record the judgment passed by the learned trial court is liable to be set aside and accused / respondent are liable to be convicted under Section 302, 504, 506 IPC.
9. Learned counsel for the respondent would argue that the ocular evidence is not supported by medical evidence. There are major contradictions in the statement of witnesses and cause of death is cardiac arrest, which belies the prosecution case. It is argued that the learned Court below rightly acquitted the accused 4 / respondent and no interference is warranted in the instant appeal.
10. PW1 Mohan Das is the brother of deceased Ratan Das. He lodged the FIR but he was not the eye witness of the incident. He himself stated in his cross examination that at the time of incident, he was resting in his home. He further stated in his cross examination that he had not seen the incident. When he reached the spot, Deepak Lal, Rakesh Lal and Manju Devi were not present at the spot. He further stated that when he reached on the spot, he saw his brother deceased Ratan Das, who was lying in the ground in unconscious state nearby the house of Rajendra Lal He further stated in his cross examination that neither there was any injury on the body of the deceased nor blood was oozing out. He took the body of deceased Ratan Das to Srikote Hospital within 10 - 20 minutes. He reached the Police Chauki Malupani at about 02.00 p.m. along with PW2 Balram, Udayram and Kuldeep. Report was written in Patwari Chauki Malupani, thereafter, Kuldeep wrote the FIR on the dictation of PW 1 Mohan Das, on the instructions given by PW2 Balram. At the last PW1 Mohan Das in his cross examination admitted that he was neither present at the spot, at the time of occurrence nor has seen the incident.
11. PW 2 Balram in examination in chief stated that respondents beat Ratan Das with kicks and fists; and they strangulated him. In the cross examination, he stated that respondents dug the pit 1 - 2 days before the date of incident. However, he had not seen the respondents digging the pit. He had not met with Pradhan with regard to complaint prior to 13.03.2015. He further stated in his examination that he had not made any complaint earlier to anyone in this regard. At the time of incident except he, Ratan Das (deceased), his father Satya 5 Prasad and mother Kishori Devi PW5 none were present there. Respondents assaulted Ratan Das with kicks, fists and danda /sticks. Respondents also gave beatings to him but he has not got himself medically examined. He further stated that Ratan Das fell on his field near the house of Rajendra Lal. Prior to the incident, he had no quarrel or dispute with respondents / accused with regard to digging of pit.
12. PW4 Vimla Devi in her examination in chief stated that Balram came to her house and complained her that Prem Lal is digging a pit in his field. Thereafter, she sent her husband with PW 2 Balram to the spot stating that she will reach on the spot shortly. Thereafter, her husband Ratan Das went to the spot along with PW 2 Balram, after some time she also reached there and saw that respondents were beating her husband with danda/ sticks and stones. In order to save his life, he started running away towards the house of Rajendra Lal. Meanwhile, she intervened and during intervention, she also received injuries to her right side of her waist and right leg. She further stated in her examination in chief that accused Rakesh Lal caught hold of the collar of her husband and Deepak Lal & Manju Devi were beating him with danda /sticks. When she raised alarm, Mohan Das, Kuldeep and Pradeep reached at the spot, who took her husband to the Srinagar Hospital by Car (Tata Sumo). In the cross examination, she stated that respondents strangulated her husband. When she reached on the spot accused Manju Devi, Rakesh Lal and Deepak Lal as well as her husband Ratan Das, Balram, mother of Balram PW5 Kishori Devi were present there. She further stated in her cross examination that scuffle was going on and besides aforesaid persons, none was present. She further stated in her cross examination that when she reached the spot, her husband in order to save his life was running towards the 6 house of Rajendra Lal. She tried to intervene and during intervention, she received injury on her leg and waist. She further stated that there was scuffle on the spot. Her husband fell down, accused respondents continued maarpeet and strangulated him. It was also stated in her cross examination that the accused persons were beating her husband with danda on his legs and they had also beaten her husband with stones apart from this, they had also beaten PW 2 Balram. At the last of her cross examination, she has also stated that accused Manju Devi had contested the election of Gram Pradhan against her in which Manju Devi had lost the election and due to the said reason, she has not talking terms with accused Manju Devi.
13. PW 5 Kishori Devi, mother of Balram, in her examination in chief stated that Prem Lal dug the pit two days before the date of incident. In the cross examination, she stated that accused / respondents beat PW2 Balram. She further stated that accused / respondents sat over the chest of Balram for 30-45 minutes. At that time, she as well as Ratan Das was present at the spot. She had not seen respondents accused assaulting Ratan Das. She further stated in her cross examination that when Ratan Das fell unconscious only then PW4 Vimla Devi reached the spot.
14. PW 6 HCP Ran Bahadur Singh prepared the inquest report. He noticed that skin of the deceased near heel was peeled off and there was scratch on the right leg. Panch opined that cause of death was shock / anxiety due to quarrel.
15. PW3 Dr. Dinesh Chauhan, who conducted the post mortem, in his examination in chief stated that there were bruises on both the legs and there was no other injury on the body of deceased. Cause of death of the deceased was heart attack due to fear. In the cross examination, he stated that if anybody 7 strangulates a person, then there would be finger marks on the neck. He further stated that heart attack can also be caused due to clotting of blood. Heart attack can be caused due to shock or fear or anxiety. He prepared the postmortem report of deceased Ratan Das on 14.03.2015, which reads as under:
External Examination
1. Muscularity Intact Stoutness Normal Rigorimorts Present.
...............
3. Eyes Closed & Intact.
...............
5. Injuries Bruises present over lower limbs (at ankle joint)
6. Bones & Joints Intact.
Internal Examination
6. Vertebratae Intact
7. Spinal Cord Intact
8. Larynx, Trachea & Bronchi Intact
9. Lungs No abnormal .... Seen.
10. Pericardium Intact
11. Heart 15 ml clotted blood present.
Vessels clotting present.
Stomach Empty
Cause of death due to cardiac arrest cause
shock.
16. There are material contradictions in the statements of prosecution witnesses. PW2 Balram stated that duration of quarrel was 10-15 minutes while PW5 Kishori Devi stated that respondents sat over the chest of his son Balram for about 30 - 45 minutes, then accused / respondents chased Ratan Das. PW2 Balram and PW5 Kishori Devi stated that PW4 Vimla Devi reached the spot when Ratan Das fell unconscious, while PW4 Vimla Devi stated that she reached the spot when there was scuffle and she tried to intervene. PW2 Balram, PW4 Vimla Devi and PW5 Kishori Devi stated that respondents assaulted Ratan 8 Das with stick and strangulated him and respondents also pelted stones, while as per postmortem report, there was no injury mark on the body of deceased Ratan Das. In the inquest report, it was also mentioned that there was no injury mark over the body of the deceased Ratan Das.
17. Cause of death shown in the post mortem report of deceased Ratan Das was heart attack. The testimonies of PW2 Balram, PW4 Vimla Devi and PW5 Kishori Devi are not supported by the medical evidence. Therefore, prosecution story does not inspire confidence and is contrary to medical evidence, which creates dent in the prosecution story.
18. We however, must also take note of the fact that the accused Manju Devi contested the election of Gram Pradhan against PW4 Vimla Devi. In the said election, though Manju Devi had lost the election but due to the said reason there has been enmity between the parties.
19. From the perusal of the entire material as well as evidence on record it is clear that the prosecution has utterly to prove its case beyond all reasonable doubt.
20. In view of the above discussion, we do not find any force in the arguments of Mr. V.K. Gemini, Deputy Advocate General for the State of Uttarakhand. There is no illegality or perversity in the impugned judgment. In our opinion, learned trial Judge has rightly appreciated the evidence available on record and has rightly acquitted the accused respondents of the charges levelled against them under Sections 302, 504, 506 IPC.
21. Accordingly, government appeal fails and is hereby dismissed without costs.9
22. Registry is directed to supply a copy of this judgment to the court below for information along with lower court record.
(Ravindra Maithani, J.) (Alok Singh, J.)
23.09.2019 23.09.2019
SKS