STATE OF H.P. Vs. SHER MOHD. AND ORS.

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 10.5.1999 delivered by the Learned Sessions Judge, Chamba in Sessions Case No. 11 of 1998 whereby he acquitted the accused of having committed offences punishable under Sections 302 and 323 read with Section 34 of the Indian Penal Code.

(2.) THE prosecution story, in brief, is that the relationship between the accused persons and the complainant Kishan Chand and his grand son, deceased Hem Raj were strained and inimical on account of a dispute over some land known as "Khala".

(3.) TO prove its case, the prosecution examined a number of witnesses. PW/1 Rajinder is the real brother of the deceased, Hem Raj. According to him, the accused and his brother Hem Raj had been quarrelling in respect of the right to graze their cattle over the land (Khala). He stated that on the date of incident, he was in his own house inside the kitchen. He heard the cries of his brother from the house of Kishan Chand. He went to the spot and there the accused Sher Mohd. in his presence gave a blow with a stone on the head of Hem Raj. Thereafter, Hem Raj fell down and then Sher Singh, accused gave beatings to Kishan on his left hand. When this witness intervened, he was also given a blow of a danda on his right leg. In the meantime, Gian Chand and Chain Lal also reached the spot. Thereafter, the accused ran away. Hem Raj was first taken to the Hospital, Saho and then to Chamba. Kishan Chand and Chain Lal were also with them. Next morning, Hem Raj unfortunately died. Though this witness identified the stone, Ext.P/1 which was allegedly used by the accused Sher Mohd. to hit Hem Raj, in cross examination, he first stated that he had not handed over the stone to the police but later stated that he had handed over the stone to the police. According to him, the stone was containing stains of blood but in fact, Ext.P/1 does not contain any blood stains. This witness was put a suggestion that the 'Khala' over which the dispute took place had been allotted to Sher Mohd. in Nautor. He could not deny this fact and admitted that Sher Mohd. had fenced the 'Khala. Despite this, he and his brother had been grazing their cattle in the 'Khala'. Though in the examination -in -chief, this witness stated that he had seen Sher Mohd. giving a blow of the stone to Hem Raj, in cross -examination, he stated that by the time he reached the spot Hem Raj was lying unconscious and had already sustained the injury. According to him, Chain Lal and Gian Chand reached after him. This witness also admitted that the accused Sher Mohd. also sustained an injury.