JASWANT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) BOTH these appeals are consolidated and disposed of by the same judgment because both appeals have filed against the same judgment and sentence passed by learned trial Court.

(2.) BRIEF facts of the case as alleged by the prosecution are that on dated 13th July 2009 at about 9.45 AM Nishar had gone to offer prayer of Namaj in village Bhood and accused persons gave beatings to deceased Nishar. It is alleged by prosecution that thereafter deceased took to Malhotra Hospital at Baddi in the vehicle of PW4 Balbir driven by PW5 Shamsher Singh and thereafter deceased was referred to PGI Chandigarh where he died on dated 17.7.2009. It is alleged by prosecution that statement of PW1 Gafoor was recorded under Section 154 Cr.P.C. Ext. PW1/A and ruka Ext. PW10/D was also written and thereafter FIR Ext. PW10/E was recorded. It is also alleged by prosecution that deceased Nishar had requested the accused persons to keep the chain of dog tight because pet dog used to jump upon the children. It is further alleged by prosecution that thereafter accused persons told the deceased that accused persons would not chain their pet dog and in case the deceased would insist then deceased would be killed by accused persons. It is also alleged by prosecution that post mortem of deceased was conducted and dead body was handed over vide Ext. PW2/C to PW2 and thereafter deceased was cremated on dated 18th July, 2009. Photographs of dead body are Ext. PW1/B and Ext. PW1/C and police also prepared the inquest report. It is further alleged by prosecution that accused persons hired vehicle No. HP -12B -2228 and crossed the barrier from Nalagarh side to Ropar side and copies of entries of Barrier are Ext. PW7/A and Ext. PW7/B. It is also alleged by prosecution that as per the medical certificates Ext. PW8/A and Ext. PW8/B the injuries sustained by deceased could be sustained by beating. It is further alleged by prosecution that deceased was unfit for giving any statement and thereafter statement of Gafoor Mohammed was recorded. After completion of investigation final report was prepared and criminal case was filed under Sections 302, 341 and 323 read with Section 34 IPC.

(3.) PROSECUTION examined following seventeen oral witnesses in all in support of its case: -