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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No. 248 of 2012.

Reserved on: 25th August, 2020.

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                    Date of Decision:       31st August, 2020.





    State of H.P.                              .....Appellant.

                             Versus

    Rattani @ Rajni                            ....Respondent.


    Coram          r           to

examination, he feigns ignorance qua whether on the relevant day, it was Rattani Devi or some other lady, who, became sighted by him, to, visit the house of the .

deceased, (b) and, thereafter though he also stated that he is receiving treatment, from, a psychiatrist, for, the preceding two years, (c) and, though, upon the afore deposition, as, borne in the cross-examination of PW-11, the defence makes an attempt to scuttle, the, afore incriminatory factum, existing in the examination-in-chief of PW-11, inasmuch, as, the latter sighting the accused to visit, the, house of the deceased rather on the fateful day,

(d) yet all the effects thereof become subsided by (e) his in the opening of his examination-in-chief, confidently disclosing, vis-a-vis, his being aware, of, the identity of the accused, namely Rattani alias Rajni; (f) thereupon unless, through the learned defence counsel rather confronting, PW-11, with the accused present in court, and, obtaining elicitation from him, vis-a-vis, his not recognizing Rattani Devi, to be person, whom he states, in his examination-in-

visiting his shop, at about 9.15 a.m., and, making a disclosure to him qua the accused not waking, and, his thereafter querying her whether he had consumed liquor, in the preceding night, and, hence, was unable to wake up.

However, no answers thereto, are deposed by PW-12, to become meted thereto, by the accused, rather PW-12 deposes, vis-a-vis, his being requested by the accused to visit, the, house of the deceased, request(s) whereof, he deposes to hence become declined by him. The afore echoings, as, borne in the examination-in-chief of PW-12, remained unshattered, vis-a-vis, their efficacy, and, the stark inference hence ensuring therefrom, is qua, even on the day succeeding the fateful day, hence, accused Rattani Devi visiting the house, of, the accused. However, she did not report the incident, to, the police rather enigmatically reported the relevant incident only to PW-12.