STATE OF HIMACHAL PRADESH Vs. SURESH CHAND S/O RAGHU NATH AND ORS

JUDGEMENT

(1.) This is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of learned Additional Sessions Judge, Mandi, dated 25.8.2003, vide which he acquitted the respondents of the charge framed against them under Sections 302, 450/34 I.P.C.

(2.) Briefly stated, the facts of the case are that on 6.7.1998 at 11.30 a.m., a statement was made by one Bal Krishan under Section 154 Cr.P.C. to a Police Officer. It was alleged by him that on 5.7.1998, he had gone to his relations to attend a marriage in village Dego. After taking meals, one Inder Singh gave the keys of his house to Mahajan Ram and asked him to take him also to his house for sleeping during night. They reached the house of Inder Singh at 9.00 p.m., where 5-6 boys were standing in the verandah since it was raining. They opened lock of the room and entered the house. Three boys forcibly entered the room, one of them was known to him, namely, Suresh Kumar and others, namely, Sanjiv Kumar and Dinesh Kumar came inside and told them that they will sleep on the double bed in the room. Mahajan Ram asked them to sleep on the adjoining bed, but they argued with him and thereafter, Mahajan Ram opened the second room and went there to sleep. The boys came and took blankets and there was some exchange of words and those boys Suresh Kumar and Sanjiv gave beatings with legs and fists to Mahajan Ram and all the three boys dragged him to the verandah. The said Mahajan Ram became unconscious and the boys came to the other room, bolted the room and he bolted the door from outside, so that they cannot run away. He went to the place of marriage and informed Inder Singh, owner of the house, about this incident and Inder Singh and other villagers reached the spot and took Mahajan Ram for treatment. The Medical Officer opined that the said Mahajan Ram was already dead and those three boys were kept in the room. On this report, a case was registered and after investigation, the challan was filed in the Court of learned Additional Chief Judicial Magistrate, Sarkaghat, who committed the case to the Court of learned Sessions Judge, who further assigned the case to the Court of learned trial Court, who tried the respondents, as detailed above, leading to their acquittal.

(3.) We have heard the learned counsel for the parties and have gone through the record of the case.