STATE OF HIMACHAL PRADESH Vs. ROSHAN LAL

JUDGEMENT

(1.) The present criminal appeal has come up for consideration after leave to appeal has been granted under Section 378 (3) Cr.P.C., in reference to the impugned judgment, dated 24.3.1999, passed by the learned Additional Sessions Judge, Mandi, District Mandi, H.P., in Sessions Trial No. 10 of 1998, acquitting the respondents-accused for the alleged offences under Sections 302, 325, 323/34 IPC. It has also been brought on record that in same offences Mohan Singh, who was also co-accused and was found guilty of murder of Kishan Singh was sentenced to undergo life imprisonment with fine vide common judgment/order dated 24.3.1999, passed in Sessions Trial No. 10 of 1998. Convict Mohan Singh approached this Court by way of filing of Criminal Appeal No. 95 of 1999, which was dismissed by this Court vide judgment dated 25.11.1999, affirming the conviction and sentence awarded by the learned Addl. Sessions Judge.

(2.) The prosecution case was that on 2.11.1997, at about 10.30 AM deceased Kishan Singh along with his wife PW-1 Smt. Rukmani had been on way from their house to village Ner. On that day, Kishan Singh and his wife had arranged helpers for cutting grass in village Ner and while passing through village path abutting Suketi Khud through the area of village Soura, accused Mohan Singh had been cycling down to his place of work through the village path across Suketi Khud in the area of village Kandyah. The accused Mohan Singh stopped and dropped his cycle in the village path in the area of village Kandyah and had rushed towards PW-1 and her husband and had starting hitting Kishan Singh with stones. PW-1 Smt. Rukmani requested accused No.1 Mohan Singh not to beat her husband. At that moment the accused Mohan Singh had suddenly taken out knife Ex.P-18 and inflicted multiple blows in the area of chest of Kishan Singh deceased. Consequently, the deceased fell down on the ground. PW-1 Smt. Rukmani Devi raised hue and cry. The accused No.1 Mohan Singh also inflicted multiple injuries to PW-1. The accused person Nos. 2 to 5 (Roshan Lal, Hansa Devi, Rubja Devi and Mahant Ram) had rushed to the site of occurrence and started beating PW-1 and her husband. Accused No.2 Roshan Lal was armed with sword Ex.P-4, through which he stabbed Kishan Singh, when PW-1 tried to rescue her husband, accused Roshan Lal inflicted one blow with blunt side of sword Ex.P-4 on the back of PW-1. Accused No.5 Mahant Ram was armed with stick Ex.P-20. He had administered multiple blows with stick on the person of PW-1 and her husband. After causing hurt to PW-1 and her husband, the accused persons had managed to escape. PW-2 Sh. Kanshi Ram, PW-3 Shri Chet Ram and some others had been attracted to the site of occurrence. PW-2, PW-3 and other persons had seen the accused persons causing multiple injuries to PW-1 and her husband. PWs-2 and 3 and other persons lifted Kishan Singh from the site of the occurrence and had taken him to C.R.C Ratti and informed the police. PW- 11, Dr. D.P. Handa, conducted medical examination of PW-1 Smt. Rukmani and her husband on 2.11.1997 at 11.30 AM and found seven injuries on her person. Whereas Kishan Singh succumbed to his injuries on way to hospital. PW-19 conducted investigation of the case and took into possession blood stained earth Ex.P-7 and blood stained stone Ex.P-5 and made other recoveries. The accused persons were charged with the aforesaid offences and the case was committed to the Court of Sessions.

(3.) On detailed analysis of prosecution witnesses, materials on record and keeping in view medical report and on appreciation of evidence, the learned Sessions Judge has held accused Mohan Singh guilty of killing Kishan Singh and found that the prosecution has been able to prove its case beyond reasonable doubt and as such sentenced accused Mohan Singh for rigorous imprisonment for life and imposed fine of Rs.5000/- under Section 302 IPC and in default of payment of fine the accused was directed to undergo simple imprisonment for one year. In respect of other co- accused No. 2 to 5, benefit of doubt has been given vide the same judgment/order dated 24.3.1999, passed in Sessions Trial No. 10 of 1998..