- (1.)Present appeal filed under Section 378 of the Code of Criminal Procedure is directed against the judgment dated 28.6.1994 passed by the Additional Sessions Judge, Kullu, H.P., in Sessions Trial No. 22/93, titled as State vs. Bhagat Ram, whereby accused Bhagat Ram has been acquitted of the charge of having committed an offence under Section 302 of the Indian Penal Code, 1860.
(2.)It is the case of the prosecution that Smt. Mangti (PW-2) had two sons, namely, Shri Sher Singh (deceased) and Shri Bhagat Ram (accused). On 31.10.1986 at about 9 p.m. Shri Sher Singh alongwith Shri Ram Kishan, Shri Budh Ram and Shri Bhagwan Singh visited the house of the accused. Smt. Lihtu wife of the accused was also present. In the meanwhile Bhagat Ram in a drunken condition came and objected to the presence of Shri Sher Singh in his house. Shri Bhagat Ram threw away the tape-recorder (Ext.P- 9) belonging to Shri Sher Singh. After taking out his single barrel muzzle loading gun, just when Shri Sher Singh tried to flee, Shri Bhagat Ram fired the gun. The gun shot was heard by Shri Tule Ram, Chowkidar (PW-7), who reached the spot and saw accused Sher Singh lying dead on the lap of Shri Bhagat Ram. At that time S/Shri Ram Kishan, Budh Ram, Bhagwan Singh and Smt. Lihtu were also present at the spot.
(3.)The matter was reported to the police by Shri Tule Ram (PW-7) and the police machinery was put in motion. The gun (Ext.P-8) was recovered from the fields belonging to the accused in the presence of PW-7 and Shri Ram Kishan (PW-8) vide recovery memo Ext.PW-7/C. The clothes of the deceased (Ext.P-6 and Ext.P-7) were also recovered vide recovery memo Ext.PW-7/D. Blood stained wooden pieces and blood stained grass from the verandah of the house of the accused were recovered vide memo Ext.PW-7/E and after carrying out further search in and around the house of the accused, percussion caps, gun powder and other material (Ext.P-11 to Ext.P-14) in a bag were recovered vide recovery memo Ext.PW-7/F. Taperecorder (Ext.P-9) was recovered from the Verandah of the house of the accused vide memo Ext.PW-7/G. With the completion of the investigation, on 15.10.1992 the prosecution filed cancellation report before the concerned Court. The same was, however, not accepted by the Court and the challan was registered and the accused was put to trial. The accused was charged for an offence punishable under Section 302, IPC to which he did not plead guilty.