MANGAL SINGH @ MANGAT RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These four appeals being Criminal Appeal Nos. 54 of 1995 (Mangal Singh @ Mangat Ram v. State of Himachal Pradesh), 85 of 1995 (Bhagi Ram v. State of Himachal Pradesh from Jail) 93 of 1995 (Talve Ram v. State of Himachal Pradesh from Jail) and 94 of 1995 (Rup Chand v. State of Himachal Pradesh, from Jail), arise out of one and the same incident and are directed against a single judgment dated 9.12.1994 passed by Additional Sessions Judge, Kullu. They have been heard together and decided by this common Judgment.

(2.) The Appellants were charge-sheeted and tried for committing the murder of Raghubir Gorkha (Nepali National) husband of Smt. Kali Devi (PW-15) in furtherance of their common intention and causing injuries to PW-15 Smt. Kali Devi on 25.1.1994 at 10 PM at village Kothidhar, Tehsil and District Kullu. They were convicted for offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced to suffer life imprisonment and to pay a fine of Rs. 5000/- each. In default of payment of fine, the Appellants were to undergo simple imprisonment for two months each. However, they were acquitted under Section 323 read with Section 34 of the Indian Penal Code. Through these appeals, the Appellants have questioned their conviction and sentences. For the sake of convenience, the accused shall be referred to hereinafter by the number assigned to them in the trial court judgment as accused i.e. Talve Ram (A-1), Mangal Singh (A-2), Rup Chand (A-3) and Bhagi Ram (A-4).

(3.) According to the prosecution case complainant Smt. Kali Devi (PW-15) was earlier married to one Kalu Ram. After her divorce with him, she was married to Raghubir. They had been residing at Kothidhar, Tehsil and District Kullu. Raghubir had constructed 'Dhara' (temporary structure) at Kothidhar and planted an orchard there. During the intervening night of January 25 and 26, 1994 Raghubir was sleeping in Dhara alongwith his wife PW -Smt. Kali Devi. One Chenku son of Shri Mast Ram (PW-19) aged about six years was also sleeping with them being their relation. After some time somebody called out from outside asking them about the location of the house of A-1. The complainant woke up her husband and lighted a kerosene lamp. Raghubir called out and inquired as to who was calling from outside. A-1 replied that "Mein Tera Bapp Hun" ( I am your father). As soon as the door was opened, it is alleged that all the accused persons forcibly took Raghubir into the nearby field. PW Smt. Kali Devi chased them, but she was pushed away by A-4. She fell down on the stump of Kail tree and her head struck with it resulting in an injury. She ran away from there in order to save her life. She sustained injuries on her legs with the barbed wire fixed in the orchard while running away. It is alleged that the accused persons assaulted her husband with sticks, stones, fists and leg blows. Karam Chand (PW-16) who was standing near the Dhara witnessed the incident. The complainant first went to the house of Nathu Ram (PW-18) in the village requesting him for help. But Nathu Ram declined to accompany her on the ground that his mother was seriously ill. Then she went to the house of her God brother Mast Ram (PW-19) in village Kharatal. Mast Ram and his wife accompanied her to the Dehra, but Raghubir was not found there. They woke up Chenku and came to the house of Mast Ram for the night. On the next' morning the complainant went to Panchayat Ghar at Shirar where the members of the Gram Panchayat were holding their general meeting. Haminder Mahant (PW-17), Pradhan and Jog Ram, Up-Pradhan were also present in the meeting. She informed them about the incident. PW Haminder Mahant sent Jog Ram, Up Pradhan in search of Raghubir. Jog Ram made a telephone call to the Pradhan at about 3.30 PM informing him that the dead body of Raghubir was lying in the deceased's orchard. He accordingly made a telephonic call about the incident to the Police Station at Kullu. The message so conveyed telephonically was recorded at Police Station, Kullu vide roznamcha rapat (Ext. PW-25/A) by Inspector Paras Ram (PW-25). PW Paras Ram himself proceeded to the spot and recorded the statement of complainant. Smt. Kali Devi under Section 154 Code of Criminal Procedure (Ext.PN) on the basis of which formal FIR (Ext.PO) was registered. He inspected the spot and found three stones (Exts.P-1 to P-3) lying near the dead body and by the side of the head of the deceased which were blood stained. They were taken into possession through recovery memo. (Ext.PW-17/A). Sample of the blood-stained earth was also collected from the spot. All the articles were separately sealed in a parcel with seal 'A'. The Investigating officer got the Tatima (Ext PE) of the place prepared from Patwari Surinder Kumar (PW-3). He prepared the Inquest Report (Ext.PW-17/B) and also site plan of the spot (Ext.PW-25/B). He dispatched the dead body of Raghubir to the District Hospital Kullu for conducting post-mortem examination. Doctor Om Pal (PW-5) conducted the post-mortem at 1.05 PM (afternoon) on 27th January, 1994. He gave his report (Ext.P-J). He noticed the following injuries on the person of the deceased: