HALKU RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) Accused, Haiku Ram, has preferred this appeal against his conviction by the Sessions Judge, Mandi, in Sessions Trial No. 18 of 1987 decided on 1 -8 -1988. The accused has been convicted under Sec. 304 Part -II, Indian Penal Code, and sentenced to rigorous imprisonment for five years and a fine of rupees 5000/ - which, on realization, has been ordered to be paid to the family of the deceased.

(2.) Facts, briefly, are that on the occasion of the marriage of Ramesh Kumar S/o Basanta, resident of village Pandlahi, people from the area had been invited to participate in the 'feast' on 27 -4 -1987. On this occasion, Gaddi, Luder Dass, Mohan Singh and Krishan Dutt had also come in addition to Jatinder, Govind, Khem Singh, Lekh Ram and the deceased Kali Dass. The accused was also there in the feast along with men of his village. The deceased was the uncle of Gaddi Ram (PW -3), Luder Dutt (PW -4) and Mohan Singh (PW -5). Due to the death of their Uncle Parma Nand, Rudder Dutt, Jatinder and Mohan Singh had clean -shaven their heads. There were the guests from the side of the Bride also on this occasion. They started teasing these people by saying 'Rodda' 'Rodda'. This behavior was objected but the guests did not keep quiet and there was altercation between these two groups for some time which led to a scuffle. During this time, the deceased came there and tried to pacify both these groups. The accused, who was armed with a piece of fire -wood, inflicted a blow on the head of the deceased from behind. The deceased fell down and blood started oozing profusely. The accused ran away from that place along with the weapon of offence. The deceased was removed to his house in village Sashti to a distance of little more than half a k.m. from this village. Dr. Rajinder Singh (PW -1) was called from village Urla, who gave First Aid by way of injection and advised the injured to be taken to hospital. Accordingly, the deceased was brought to District Hospital, Mandi, where he died on 28 -4 -1987 at 7.00 A.M.

(3.) The matter was reported to the Police by Gaddi (PW -3), recorded in Daily Diary No. 18 on 28 -4 -1987 at 10.30 A.M. by M.H.C. Lal Singh (PW -12) copy of which is Ext. PW 12/A and, on this basis, First Information Report, copy of which is Ext. PW 14/A, was recorded. The Investigating Officer Karnail Singh A.S.I. (PW 13) visited the Hospital, prepared the Inquest Report (Ext. PW 13/A), got autopsy conducted by Dr. Ramesh Chand Thakur (PW 17) on 29 -4 -1987. The observations of the Doctor are as under: