IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. A. No. : 261 of 2000. Decided on: 18.10.2010. _________________________________________________________ State of Himachal Pradesh. …Appellant. -Versus- Chaman Singh. …Respondent. Coram: The Hon’ble Mr. Justice Surjit Singh, Judge. The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 __________________________________________________________ For the appellant : Mr. Rajinder Dogra, Additional Advocate General. For the respondent : Mr. Chaman Negi, Advocate. --------------------------------------------------------------------------------- Surjit Singh, Judge(Oral) : State has appealed against the judgment dated 16th December, 1999 of learned Sessions Court, by which respondent Chaman Singh, who stood trial for offences under Sections 302, 449 and 323 of the Indian Penal Code, has been acquitted. 2. On 31st August, 1998, around 8:30 P.M., PW-14 Sadhu Ram, S.H.O. Police Station Sadar, Chamba was informed by PW-5 Roshandeen (Pradhan of Gram Panchayat, Darwin) that a lady by the name of Durgo Devi had been beaten to death by her brother-in-law Chaman 1 Whether the reporters of the local papers may be allowed to see the judgment?. Singh, i.e. the present respondent, in her house in village Loa, Tehsil and District Chamba. Next day, early in the morning, PW-14 Sadhu Ram went to village Loa. He found dead body of Durgo Devi lying in the upper storey of her house in a room with a number of injuries, including a head injury. PW-1 Pappu, a son of the deceased, who was then 11 years old, informed PW-14 Sadhu Ram that his mother had been beaten up by his father’s younger brother Chaman Singh with a burning chopped piece of wood, which he picked up from the hearth. Information given by PW-1 Pappu was reduced into writing, under Section 154 of the Code of Criminal Procedure. The writing is Ex.P-A. Same was sent to the Police Station for registration of case, where case was formally registered vide F.I.R. Ex. P-L. Inquest was conducted. Form Ex. P-Q was filled in. Dead body was sent to the hospital for post-mortem examination. Post-mortem was conducted by PW-6 Dr. C.B.P. Singh, who found following injuries on the dead body: “1. Bruise over left side of face and cheek over an area of six inches X 5 inches- colour-bluish black. 2. Abrasion over left fore arm lateral aspect with partial burn with adherence of fine charcoalparticles. Colour brownish black size 3 inches X 1.5”. 3. Abrasion on the right shoulder adjacent to neck, size two inches X 0.5 inche. Colour brownish black. Black charcoal particle (fine) present. 4. Bruise over right side neck over an area of 4” X 5”. Colour bluish black. 5. Bruise below right breast over an area of 3 inches X 1.5 inche colour brownish blue. 6. Abrasion over right knee in front size-0.5 Cm X 0.5 CM, colour brownish. Abrasion lateral to right knee size 2 CM X 1 CM colour brownish. 7. Abrasion left fore lef laterally, size 2 cm X 1 CM, colour brownish. 8. Haematoma left temporal region, size 5” X 4”. 3. Injuries No. 1 and 8 were opined to have resulted in concussion of brain with haemorrhage. Time lag between the injuries and the death was opined to be a few hours, while the time that elapsed between the death and post-mortem was opined to be 24 hours to 72 hours. Post- mortem was conducted on 03.09.1998 at 10:45 A.M.. 4. During investigation, Police recorded the statements of one Munshi Ram, Member, Gram Panchayat and PW-2 Ichhya Devi. Both of whom stated that on seeing PW-1 Pappu, a minor son of Durgo Devi (deceased) crying in his courtyard, they went to Durgo’s house and saw her lying on the floor of her room. They stated that she was crying and on inquiry, she told that respondent Chaman Singh, her husband’s younger brother had given beating to her with a burning chopped wood and requested them to take her to Chamba Hospital for treatment. 5. Respondent Chaman Singh, when challaned, was charged with offences, under Sections 302, 449 and 323 of the Indian Penal Code. He pleaded not guilty to the charge and was, therefore, tried for the aforesaid offences. 6. Prosecution examined PW-1 Pappu, the son of the deceased & PW-2 Ichhya Devi, the lady to whom the deceased allegedly made dying declaration, to prove the charge against the respondent. Some other witnesses, namely, Dr. C.B.P. Singh (PW-6) and a few private witnesses were examined to seek corroboration to the testimony of PW-1 Pappu and PW-2 Ichhya Devi. Pappu did not support the prosecution story. He denied that his mother Durgo Devi had been beaten up by the respondent. He stated that his mother sustained the injuries when she slipped from the stairs. 7. Ichhya Devi though did testify that the deceased had told her that the respondent had beaten her with a burning chopped piece of wood and caused injuries, trial Court did not believe her, on the ground that her conduct in not making any arrangement to shift the deceased to the hospital indicated that she might not have visited the house of Durgo Devi before her death. Consequently, the respondent was acquitted. 8. We have heard learned Additional Advocate General, as also the learned counsel representing the respondent and gone through the record. 9. Explanation offered by Ichhya Devi (PW-2), for not taking any steps to shift Durgo Devi to the hospital, is that no male person was available in the village to arrange shifting of Durgo Devi to hospital at Chamba, which is at quite a distance. Her explanation is shown to be untrue from prosecution’s own evidence. It has come in the statement of PW-1 Pappu during the course of his cross- examination by the prosecution that one Munshi Ram, Member of the Panchayat had also visited the house of the deceased alongwith Ichhya Devi (PW-2). The fact finds mention even in the statement, under Section 154 of the Code of Criminal Procedure Ex.P-A. Now, when Member of the Gram Panchayat, Munshi Ram was also there, explanation that no male person was available to carry the injured to the hospital, cannot be believed. Munshi Ram was also examined by the Police during the course of investigation. His statement, under Section 161 of the Code of Criminal Procedure, was recorded. However, the prosecution did not produce him during the trial to prove the alleged dying declaration made by Durgo Devi. 10. Pappu (PW-1) though admitted that Ichhya Devi had visited their place on the fateful day, yet in the cross- examination by the defence, he stated that she visited their house around 5:00 P.M., by which time Durgo Devi was already dead. Statement of PW-6 Dr. C.B.P. Singh shows that head injury resulted in concussion and brain haemorrhage, leading to comma and ultimately death. Now, when the deceased had gone into comma and Ichhya Devi (PW-2) visited her after a long time, as per mention in the earliest version Ex.PA, it becomes highly doubtful if Durgo Devi was in a position to make a statement when Ichhya Devi visited her. 11. There is another reason for doubting the testimony of Ichhya Devi (PW-2). Case of the prosecution is that deceased was dealt blows of burning piece of chopped wood on the upper storey of the house and her dead body was also found in a room on the upper storey, when the police went to the spot. Ichhya Devi (PW-2) in her testimony in the Court, however, stated that she saw the deceased lying on the ground floor of the house, which fact suggests that statement of PW-1 Pappu, the son of the deceased that the deceased sustained the injuries as a result of slip and fall from the stairs, may not be untrue. 12. For the forgoing reasons, we do not think this to be a fit case for interfering with the judgment of acquittal. Consequently, appeal is dismissed. (Surjit Singh), Judge (Rajiv Sharma) Judge October 18, 2010. (bhupender)