Himachal Pradesh High Court
State Of Himachal Pradesh vs Bhag Singh on 1 March, 2016
Author: Rajiv Sharma
Bench: Rajiv Sharma, Sureshwar Thakur
IN THE HIGH COURT OF HEMACHAL PRADESH, SHIMLA.
Cr. Appeal No. 509 of 2009
Reserved on: February 26, 2016.
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Decided on: March 01, 2016.
State of Himachal Pradesh ......Appellant.
Versus
Bhag Singh .......Respondent.
Coram
The Hon'ble Mr. Justice Rajiv Sharma, Judge.
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
of
Whether approved for reporting? 1 Yes.
For the appellant: Mr. M.A.Khan, Addl. AG.
For the respondent: Mr.Lakshay Thakur, Advocate.
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Justice Rajiv Sharma, J.
rt This appeal is instituted at the instance of the State against the judgment dated 31.8.2009, rendered by the learned Addl.
Sessions Judge (FTC), Chamba, H.P. in Sessions Trial No. 5/09, whereby the respondent-accused (hereinafter referred to as accused), who was charged with and tried for offence punishable under Section 302 IPC, has been acquitted.
2. The case of the prosecution, in a nut shell, is that on 10.7.2008, at about 6:30 AM, Roop Lal (now deceased), resident of village Dhanawal, alongwith his cousin Des Raj had gone from his house situated at Dhanawal to Bhanjararu to visit a fair but did not return back to his house in the evening. On the next day i.e. on 11.7.2008, in the morning, the dead body of Roop Lal was found lying behind a liquor shop, situated near bus stand Jhajhakothi. Ward Member Gram Panchayat Jhajhakothi, namely, Jeet Singh 1 Whether the reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 15/04/2017 19:51:10 :::HCHP 2telephonically informed the police that the dead body of Roop Lal was lying behind the liquor shop near bus stand Jhajhakothi. The police .
reached the spot and recorded the statement of Lekh Raj (brother of deceased) under Section 154 Cr.P.C. Inquest papers were prepared.
The body was sent to the hospital where post mortem was conducted.
Blood stained earth was lifted from the spot. On completion of the of investigation, challan was put up after completing all the codal formalities.
3. The prosecution, in order to prove its case, has examined rt as many as 15 witnesses. The accused was also examined under Section 313 Cr.P.C. He denied the incriminating circumstances put to him. The learned trial Court acquitted the accused, as noticed hereinabove. Hence, this appeal.
4. Mr. M.A.Khan, Addl. Advocate General, appearing on behalf of the State, has vehemently argued that the prosecution has proved the case against the accused. On the other hand, Mr. Lakshay Thakur, Advocate, has supported the judgment of the learned trial Court dated 31.8.2009.
5. We have heard learned counsel for both the sides and gone through the judgment and records of the case carefully.
6. PW-1 Lekh Raj is the brother of the deceased. According to him, Roop Lal deceased was working as SPO. On 10.7.2008 at about 6:30 AM, his brother left for Bhanjararu to collect his salary and to see ::: Downloaded on - 15/04/2017 19:51:10 :::HCHP 3 fair. His cousin brother Desh Raj also accompanied him. His brother Roop Lal (deceased) did not come back to the house in the evening.
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Next day, in the morning, he made enquiries from Des Raj, who disclosed to him that he and Roop Lal after seeing fair reached at Jhajhakothi and a quarrel took place in a hotel between Roop Lal (deceased) and Bhag Singh. The dispute was with regard to mobile of phone. He along with Des Raj and his son Subhash Chand went to Jhajhakothi and noticed that the dead body of his brother Roop Lal was lying below the road. His statement was recorded vide Ext. PW-1/A. In rt his cross-examination, he admitted that he had gone to the house of Des Raj to enquire about Roop Lal at about 11:00 AM on 11.7.2008.
Roop Lal never disclosed to him that there was any quarrel between him and Bhag Singh accused.
7. PW-2 Des Raj is the material witness. According to him, the deceased had gone to collect his salary. They reached at fair at about 2-2:30 PM. They went to hotel at Jhajhakothi. They took liquor and also had food. His cousin Roop Lal went into the shop of Manish.
Again said, it was also hotel. The other three persons who were accompanying them i.e. Duni, Hugat Ram and Singh Ram left the place. He remained outside the hotel of Manish. Roop Lal took mobile from Bhag Singh who was also present in the hotel of Manish. Roop Lal tried to operate the mobile and then arguments took place between Roop Lal and Bhag Singh. During the arguments, Bhag Singh ::: Downloaded on - 15/04/2017 19:51:10 :::HCHP 4 snatched the mobile from Roop Lal. Thereafter, Bhag Singh started inflicting blows upon Roop Lal. He inflicted 8-9 blows on his person.
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Accused dragged deceased outside the hotel on the road. He tried to separate them but he failed rather accused threatened to kill Roop Lal.
He left the spot. Thereafter, Roop Lal was passing urine by the side of the road. After that he again heard noise of quarrel. He followed his of other companions who were going to the village. He also admitted towards the end of his cross-examination that when he separated Roop Lal and Bhag Singh then accused Bhag Singh went inside the hotel and rt Roop Lal started proceeding on the road. He also admitted that night was quite dark. He also admitted that there was no light provision on the path which leads to Jhajhakothi.
8. PW-4 Duni Chand deposed that he alongwith Singh Ram and Hugat Ram had gone to Bhanjararu to see fair. At about 9:00 PM, Des Raj and Roop Lal met them at bus stand from where they took NC jeep and came to Jhajhakothi. It was drizzling outside and they went to a hotel at Jhajhakothi. They consumed liquor and took food at Jhajhakothi. Roop Lal and Des Raj went to another hotel.
9. PW-5 Vikas Thakur testified that Bhag Singh came to his shop at about 10-10:30 PM. When accused Bhag Singh came to his shop, Roop Lal also came there. He was drunk. Bhag Singh accused was also drunk. They met together in a friendly way. Bhag Singh took out a mobile from his pocket and while he was using it, Roop Lal asked ::: Downloaded on - 15/04/2017 19:51:10 :::HCHP 5 him to show the mobile. An altercation took place between them. He gave 2-3 slaps to Roop Lal. After that Roop Lal was sent out of the .
shop. One boy who was accompanying Roop Lal, namely, Des Raj also came inside the shop. Bhag Singh threatened him also. He also went out of the shop and followed Roop Lal. Bhag Singh took one bowl of rice in his shop and left the shop after spending 5-10 minutes. In his of cross-examination, he admitted that Roop Lal was heavily drunk when he came to his shop. He also admitted that he was too drunk to walk and speak. rt
10. PW-10 Manish Kumar testified that a quarrel took place between Bhag Singh and deceased Roop Lal regarding mobile. They started pushing each other. They had broken their two tumblers during the process of quarrel. They got them separated and SPO Roop Lal was sent out from the shop. Des Raj was also inside the hotel at that time and talking with the accused. Bhag Singh had slapped deceased Roop Lal 2-3 times. Accused Bhag Singh took a bowl of rice from them and after taking that he also left their hotel. In his cross-
examination, he admitted that the dead body was lying at a distance of 20 feet down the liquor shop.
11. PW-11 Dr. Jaswant Singh has conducted the post mortem examination and report is Ext PW-11/B. According to his opinion, the deceased Roop Lal died due to head injury leading to injury to centre brain leading to coma and death. The duration between injury and ::: Downloaded on - 15/04/2017 19:51:10 :::HCHP 6 death was within few minutes and the time between death and post mortem was within 72 hours.
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12. PW-14 ASI Man Chand deposed that an information was received through telephone at the Police Station on 11.7.2008 at 7:45 AM to the effect that dead body of Roop Singh was lying at Jhajhakothi.
The police reached the spot. SHO inspected the spot. He filled in of inquest papers. The post mortem of the dead body was got conducted.
13. PW-15 SHO/Insp. R.P.Jaswal deposed that he received telephonic message. He went to the spot and recorded the statement of rt Lekh Raj under Section 154 Cr.P.C. The inquest papers were prepared.
The blood stained earth was lifted from the spot. Grey coloured jacket was also taken into possession.
14. PW-5 Vikas Thakur and PW-10 Manish Kumar have categorically deposed that accused and deceased had come to their hotel. They were heavily drunk. According to PW-5 Vikas Thakur, deceased had administered 2-3 slaps to the accused. According to him, Roop Lal (deceased) was heavily drunk when he came to the shop.
Similarly, according to PW-10 Manish Kumar, the deceased was given 2-3 slaps by Bhag Singh accused. According to PW-5 Vikas Thakur and PW-10 Manish Kumar after the quarrel has taken place, the deceased went outside the shop and accused consumed a rice bowl in their shop.
::: Downloaded on - 15/04/2017 19:51:10 :::HCHP 715. According to PW-11 Dr. Jaswant Singh, deceased Roop Lal died due to head injury. The duration between injury and death was .
within few minutes and the time between death and post mortem was within 72 hours.
16. Mr. M.A.Khan, Addl. Advocate General for the State has drawn the attention of the Court to the statement of PW-2 Des Raj.
of According to him, accused had inflicted 8-9 blows on the person of deceased. However, when the statement of this witness was recorded under Section 161 Cr.P.C. vide Ext. PW-15/B, there is only mention rt that the accused has pushed the deceased and has given slaps to the deceased.
17. The body of the deceased was found near the liquor shop.
The independent witnesses PW-5 Vikas Thakur and PW-10 Manish Kumar have not supported the case of the prosecution, as discussed hereinabove. According to them, only few slaps were administered to the deceased. The statement of PW-2 Des Raj is in variance to the statement recorded under Section 161 Cr.P.C. vide Ext. PW-15/B. It is also surprising that the brother of PW-1 Lekh Raj had not come back on 10.7.2008 but he made enquiries from PW-2 Des Raj at 11:00 AM on the next day. It is also unusual conduct of PW-1 Lekh Raj. In case his brother had not come back home, he would have made earnest efforts to make enquiries on 10.7.2008 itself.
::: Downloaded on - 15/04/2017 19:51:10 :::HCHP 818. According to the statement of PW-5 Vikas Thakur, deceased Roop Lal was heavily drunk when he came to the shop. He .
was too drunk to walk and speak. It has come in the forensic report Ext. PX that the quantity of ethyl alcohol in Ext. P/3 (blood) of deceased was 271.00 mg %. Thus, he was heavily drunk and the possibility of his fall cannot be ruled out. The prosecution has of miserably failed to prove the case against the accused. Thus, there is no occasion for us to interfere with the well reasoned judgment of the learned trial Court dated 31.08.2009.
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18. Accordingly, there is no merit in this appeal and the same is dismissed.
( Rajiv Sharma ), Judge.
March 01, 2016, ( Sureshwar Thakur ),
(karan) Judge.
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