Decided on August 02,1991



Bhawani Singh, J. - (1.) It is decision of acquittal of accused Fateh Mohammed recorded by the Sessions Judge, Kangra Division, in Sessions Case No.2 of 1986 decided on 25.4.1986 that has been challenged by the State through this appeal.
(2.) Briefly, the prosecution case is that accused Fateh Mohammed (35), son of Shri Noor Bakash, resident of Dahdu, Pargana Gudial, District Chamba has been prosecuted for commission of offence under section 304-(1), Indian Penal Code for having caused the death of Hoshiara Ram of village Paniyali, on November 6,1985, when the deceased had gone to the place Patre-di-Aan to ask accused why he was cutting the grass there. According to the prosecution, the incident happened between 10.00 to 11.00 a.m., when after receiving a kick from the accused, the deceased rolled down the mountainous region and died instantaneously. The matter was reported to the Police by Bhagat Singh (P.W. 1), who handed over a writing (Ruka), First Information Report (Ext. P A) was recorded on the same day at 4.30 p.m. The matter was investigated by Station House Officer Jagroop Singh (P.W. 18). He visited the spot at 9.30 p.m. inspected it and the dead body, prepared the inquest report (Ext. P J) and took into possession three blood-stained stones (Exts. PS to P7) vide recovery memo. (Ext. P0) and put them into scaled parcels in the presence of witnesses. Site plan (Ext. PK) was also prepared. Cut grass (Ext. P8) lying at the spot, was taken and put into a gunny bag (Ext. P9) and scaled with seal T which was then handed over to Moti Ram (P.W. 9). The dead body was sent for post mortem examination through application (Ext. PC) and Dr. C.S. Rathore, Medical Officer at the District Hospital, Chamba (P.W. 2) conducted it on November 7, 1985 at 3.00 p.m. after the same was identified by the brothers of the deceased, namely, Basant Ram and Chano Ram. The Doctor found large number of injuries on various parts of the body of the deceased. However, he recorded the following major injuries specifically (1) A 3 x 5 cm lacerated wound on right temporo-frontal region, right side. It is 5 cm. deep. Bone had been fractured in three pieces and lacerated the brain matter. Blood present. (2) Lacerated wound right iliac region just above supra pubic region 12 x 8 cm and 6 cm deep, clotted blood and blood and dust particles present. (3) There was fracture of right femur at upper 2/3rd and lower 1/3rd. Wound was not open. (4) There were three lacerated wounds at lower 1/3rd of left leg size 3 x 3 cm.3 x 2 cm and 4 x 2 cm. respectively. Through one wound i.e. 4 x 2 cm the broken end of the tibia was coming out. Both tibia and fibula fractured at the site.
(3.) In the opinion of the Doctor, the deceased had died on account of the head in jury, intracranial hemorrhage and shock. The post mortem report (Ext. PB) was handed over to the Investigating Officer. After recording the statements of witnesses in this case and collecting other evidence, the accused was challenged before the Trial Court, where he was charged for commission of offence under section 304-(1), Indian Penal Code to which he pleaded not guilty and claimed false implication.;

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