GHANSHYAM DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant Ghanshyam Dass (hereinafter referred to as 'the accused') along with four other persons faced trial in Sessions Trial Nos. 5/1999, 28/2004 for the alleged commission of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short TP Code'). The learned Presiding Officer, Fast Track Court, Mandi found the accused Ghanshyam Dass to be guilty of offence under Section 302 IP Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to undergo further simple imprisonment for a period of two years. While four co-accused, namely, Tara Chand alias Taro, Smt. Kaura Devi alias Vidya Devi, Rattan Chand alias Rato and Kishori Lal were acquitted. The prosecution version may briefly be stated thus:

(2.) On 6.12.1997 Kirpa Ram resident of village Dharbahar husband of PW-3 Smt. Nirmla Devi was bed ridden due to illness. PW-3, her son and PW-4 Vijay Kumar son of Sh. Janki Dass after taking their meal at about 7 or 8 p.m. were sitting in second storey of the house of Kirpa Ram. PW-3 is the sister of Janki Dass. She heard the voice of the accused from a place known as Ropari saying "Pakro-Pakro Behan Chod Sale Ko Pakro main Bhi Aa Gaya". On hearing this voice, PW-3 and PW-4 heard some noise as if some body was giving beating to some person belonging to the village of PW-3. PW-3 also heard the voice of her brother Janki Dass. She along with PW-4 rushed to the place from where the voice was coming. When they reached at Ropari, they found Janki Dass below the house of the accused lying in injured condition who was bleeding profusely and was unconscious. PWs 3 and 4 tried to lift Janki Dass from the place of occurrence when they again heard the accused making 'khangara' (voice of caution). Janki Dass was brought to the house of PW-3 where he regained consciousness after about half an hour. On enquiry being made by PW- 3 and PW-4, Janki Dass told them that Ghasitu alias Ghanshyam (accused) inflicted 'Danda' blows on him whereas his wife Kaura Devi, Ratto and Tara Chand assaulted him with a stone and Kishori Lal accused standing nearby was instigating the other accused persons. Janki Dass lost his consciousness and after about two and half hours he regained his conscious and called his wife PW-8 Ambo Devi twice. Janki Dass then succumbed to his injuries.

(3.) On the following day at about 7.30 a.m. PW-4 accompanied by one more boy namely Finu went to the house of PW-1 Sant Ram, brother-in-law of the deceased (sister's husband) resident of village Guiana and informed him that Janki Dass had died due to injuries inflicted by 'Sunaras'. The accused persons are known as 'Sunyaras' in the vicinity. PW-1 is a retired Sub-Inspector of Police of H.P. He passed on the said information to the police telephonically which came to be recorded in daily diary Ext.PX by PW-13 Head Constable Ravinder Kumar at 8.15 a.m. in Police Station, Jogindernagar. Thereafter PW-17 Sub-Inspector Parkash Chand alongwith PW-15 Assistant Sub-Inspector Balbir Singh, PW-11 Sukh Ram and Head Constable Paras Ram rushed to the scene of occurrence. On reaching at the house of PW-3, they found the dead-body of the deceased lying on a floor of the room in a pool of blood. PW-17 recorded the statement of PW-3 under Section 154 of the Code of Criminal Procedure (for short Cr.P.C.) Ext. PN which was sent to the Police Station through PW-11 for registration of the case. ASI Jaishi Ram recorded formal First Information Report Ext.PY in the Police Station, Jogindernagar at 8.30 p.m. Photographs Ext.PM-1 to Ext.PM-13 of the dead-body of the deceased were taken by PW-2 Bhagi Rath inside the house of PW-3. PW-17 prepared inquest papers Ext.PZ. H.C. inspected the spot where the incident had taken place and prepared spot map Ext. PZ/A. Blood stained stone Ext.P-2 containing heirs of the leg of the deceased were removed from the stone and taken into possession vide seizure memo Ext. PA and packed in a parcel by affixing seal impression 'B'. The blood stained stone Ext.P-2 was also taken into possession vide seizure memo Ext.PB which was sealed in a parcel with seal impression "B". Blood soil earth was taken into possession vide recovery memo Ext.PC. A pair of blood stained shoes was also found at the spot and the same was also taken into possession vide seizure memo Ext.PD. The specimen of seals impression Ext.PZ/2 was separately taken at the spot. The Investigating Officer recorded the statements of the witnesses PW-15 ASI Balbir Singh arrested the accused on the same day. The accused and his co-accused Tara Chand produced their blood stained clothes to him which were taken into possession vide recovery memo Ext. PE and Ext. PF respectively. The clothes were packed and sealed in a separate parcel.