IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. Appeal No.: 69 of 2000 Decided on : 22.09.2010 ______________________________________________________________ State of Himachal Pradesh …Appellant. Versus Roshan Lal and others …Respondents. Coram The Hon’ble Mr. Justice R.B. Misra, Judge. The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting? 1 For the appellant : Mr. R.K.Sharma, Sr. Addl. Advocate General. For the respondent : Mr. Chaman Negi, Advocate, vice Mr. Anup Chitkara, Advocate. _______________________________________________________________ R.B. Misra, Judge (oral) The present criminal appeal has come up for consideration after leave to appeal has been granted under Section 378 (3) Cr.P.C., in reference to the impugned judgment, dated 24.3.1999, passed by the learned Additional Sessions Judge, Mandi, District Mandi, H.P., in Sessions Trial No. 10 of 1998, acquitting the respondents-accused for the alleged offences under Sections 302, 325, 323/34 IPC. It has also been brought on record that in same offences Mohan Singh, who was also co-accused and was found guilty of murder of Kishan Singh was sentenced to undergo life imprisonment with fine vide common judgment/order dated 24.3.1999, passed 1 Whether reporters of the local papers may be allowed to see the judgment? 2 in Sessions Trial No. 10 of 1998. Convict Mohan Singh approached this Court by way of filing of Criminal Appeal No. 95 of 1999, which was dismissed by this Court vide judgment dated 25.11.1999, affirming the conviction and sentence awarded by the learned Addl. Sessions Judge. 2. The prosecution case was that on 2.11.1997, at about 10.30 AM deceased Kishan Singh along with his wife PW-1 Smt. Rukmani had been on way from their house to village Ner. On that day, Kishan Singh and his wife had arranged helpers for cutting grass in village Ner and while passing through village path abutting Suketi Khud through the area of village Soura, accused Mohan Singh had been cycling down to his place of work through the village path across Suketi Khud in the area of village Kandyah. The accused Mohan Singh stopped and dropped his cycle in the village path in the area of village Kandyah and had rushed towards PW-1 and her husband and had starting hitting Kishan Singh with stones. PW-1 Smt. Rukmani requested accused No.1 Mohan Singh not to beat her husband. At that moment the accused Mohan Singh had suddenly taken out knife Ex.P-18 and inflicted multiple blows in the area of chest of Kishan Singh deceased. Consequently, the deceased fell down on the ground. PW-1 Smt. Rukmani Devi 3 raised hue and cry. The accused No.1 Mohan Singh also inflicted multiple injuries to PW-1. The accused person Nos. 2 to 5 (Roshan Lal, Hansa Devi, Rubja Devi and Mahant Ram) had rushed to the site of occurrence and started beating PW-1 and her husband. Accused No.2 Roshan Lal was armed with sword Ex.P-4, through which he stabbed Kishan Singh, when PW-1 tried to rescue her husband, accused Roshan Lal inflicted one blow with blunt side of sword Ex.P-4 on the back of PW-1. Accused No.5 Mahant Ram was armed with stick Ex.P-20. He had administered multiple blows with stick on the person of PW-1 and her husband. After causing hurt to PW-1 and her husband, the accused persons had managed to escape. PW-2 Sh. Kanshi Ram, PW-3 Shri Chet Ram and some others had been attracted to the site of occurrence. PW-2, PW-3 and other persons had seen the accused persons causing multiple injuries to PW-1 and her husband. PWs-2 and 3 and other persons lifted Kishan Singh from the site of the occurrence and had taken him to C.R.C Ratti and informed the police. PW- 11, Dr. D.P. Handa, conducted medical examination of PW-1 Smt. Rukmani and her husband on 2.11.1997 at 11.30 AM and found seven injuries on her person. Whereas Kishan Singh succumbed to his injuries on way 4 to hospital. PW-19 conducted investigation of the case and took into possession blood stained earth Ex.P-7 and blood stained stone Ex.P-5 and made other recoveries. The accused persons were charged with the aforesaid offences and the case was committed to the Court of Sessions. 3. On detailed analysis of prosecution witnesses, materials on record and keeping in view medical report and on appreciation of evidence, the learned Sessions Judge has held accused Mohan Singh guilty of killing Kishan Singh and found that the prosecution has been able to prove its case beyond reasonable doubt and as such sentenced accused Mohan Singh for rigorous imprisonment for life and imposed fine of Rs.5000/- under Section 302 IPC and in default of payment of fine the accused was directed to undergo simple imprisonment for one year. In respect of other co- accused No. 2 to 5, benefit of doubt has been given vide the same judgment/order dated 24.3.1999, passed in Sessions Trial No. 10 of 1998.. 4. On scrutiny of the prosecution evidence and material on record, we also noticed that accused No. 2 to 5, could not be said to have shared common intention in commission of murder of Kishan Singh with accused 5 Mohan Singh, as accused-respondents No. 2 to 5 had been attracted to the site of crime from different directions. It was the case of the prosecution that accused Mohan Singh had stopped and dropped his cycle in the village path in the area of village Kandyah and had rushed towards PW-1 Rukmani Devi and her husband. Whereas, accused-respondents No.2 to 5 had rushed to the site of crime from their houses in different directions. 5. A close scrutiny of prosecution evidence and material on record reveals that Mohan Singh had attacked Kishan Singh with knife and has inflicted multiple blows in the area of chest, on which the deceased had fallen down on the ground and Kishan Singh had died within few minutes after having suffered injuries inflicted by accused Mohan Singh. Whereas respondents-accused No. 2 to 5 had reached from different directions after Kishan Singh had already fallen down on the ground. As such, it could not be believed that accused-respondents No. 2 to 5 could have inflicted any blow on Kishan Singh when he had been struggling for life and had been passing through the last stage of his life and had shared any common intention of Mohan Singh co-accused/convict. 6 6. PW-1 Smt. Rukmani Devi an injured witness has stated as follows:- “……..My husband was walking a few steps ahead of me in the area of village Dolongi. The accused person Mohan Singh present in the court came running and had inflicted 2/3 blows of stone on the person of my husband. I had caught hold of the accused person Mohan Singh and had requested him to let us know the fault for which my husband was being hit with the stone. At such stage, the accused person Mohan Singh took out a knife and inflicted multiple blows with the knife on the person of my husband Kishan Singh. My husband had started crying when he had sustained injuries with the knife at the hands of the accused person Mohan Singh. My husband had fallen down on the ground……” 7. Similarly PW-2 Sh. Kanshi Ram, in his cross examination had stated as follows:- “…The accused person Mohan Singh and Kishan Singh had been grappling with each others for about five minutes. The accused person Mohan Singh had inflicted injuries with knife on the person of Kishan Singh and thereafter Kishan Singh had fallen down …..” 8. We also noticed that PW-3 Chet Ram even in his chief examination stated that Kishan Singh had suffered injuries with knife at the hands of the accused Mohan Singh and had collapsed. 7 9. On the basis of material on record and prosecution evidence, the learned Addl. Sessions Judge has rightly found accused-respondents No. 2 to 5 not to be guilty of killing Kishan Singh and has rightly observed that the prosecution has failed to prove its case beyond reasonable doubt against accused-respondents herein. In our considered view also the prosecution has not been able to prove its case beyond reasonable doubt against accused-respondents herein. Accordingly, the present criminal appeal is dismissed being devoid of any merit. (R.B. Misra) Judge. (V.K.Sharma) Judge. September 22, 2010. Lsp*