Research › Search › Judgment

Himachal Pradesh High Court · body

2012 DIGILAW 830 (HP)

State of Himachal Pradesh v. Dev Raj

2012-11-15

DEEPAK GUPTA, RAJIV SHARMA

body2012
Judgment Rajiv Sharma, J. State has come in appeal against the judgment of the learned Sessions Judge, Kangra at Dharamshala rendered in Sessions Case No. 15-N/VII-2003 whereby respondent, who was charged with and tried for offence punishable under section 307 of the Indian Penal Code, has been acquitted on 1.7.2004. 2. Case of the prosecution, in a nutshell, is that PW-1 Dr. A.S. Parmar, Medical Officer, C.H.C. Gangath sent a memo Ex.PW-1/A to the Incharge, Police Post, Gangath informing him that an injured has been brought to the hospital with the history of a stab wound in his chest. PW-7 ASI Tarsem Sharma went to the hospital. He moved an application Ex.PW-1/C to Medical Officer for opinion as to whether the injured was in a fit condition to make a statement and also to medically examine the injured and to issue the M.L.C. Accordingly, Dr. A.S. Parmar reported vide Ex.PW-1/D that patient was fit to give statement. Statement of PW-2 Puran Singh was recorded vide Ex.PW-2/A. According to the contents, complainant was an employee of the Postal Department. He had gone alongwith his brother Karam Singh PW-4 to Police Station, Indora in connection with a complaint lodged by Sham Lal son of Jaishi Ram. When they were returning from the Police Station to their home and reached Baroti, then the accused Dev Raj met them there at about 6.15 P.M. He told Dev Raj that they had no dispute with him. Thereafter, Dev Raj started abusing the complainant. He was carrying a scissors in his right hand with which he gave a blow on his chest. The complainant fell down. Bishan Singh and Sarain Singh reached there on a scooter. He was taken on scooter to a private clinic of PW-3 Raghu Nath Singh. PW-2 was referred to C.H.C. Gangath. On the basis of statement of PW-2, F.I.R. Ex.PW-10/A was registered. The injured was medically examined by PW-1 Dr. A.S. Parmar. He issued M.L.C. Ex.PW-1/A. The X-ray was also conducted but no fracture of ribs was detected. According to opinion of PW-1, the injury was dangerous to life. PW-2 was referred to C.H.C. Gangath. On the basis of statement of PW-2, F.I.R. Ex.PW-10/A was registered. The injured was medically examined by PW-1 Dr. A.S. Parmar. He issued M.L.C. Ex.PW-1/A. The X-ray was also conducted but no fracture of ribs was detected. According to opinion of PW-1, the injury was dangerous to life. The accused, during investigation of the case, made a disclosure statement under section 27 of the India Evidence Act, 1872 vide Ex.PW-5/A in the presence of PW-4 Karam Singh and PW-5 Lal Singh on 31.1.2002 to the effect that the weapon of offence, i.e. scissors had been concealed by him in a bag in the Almirah of a room in his house and he could get the same recovered. Accordingly, the accused got the scissors recovered vide memo Ex.PW-5/C. The matter was investigated and the challan was put up in the Court after completing all the codal formalities. 3. The prosecution has examined as many as 11 witnesses in all. Statement of accused under section 313 of the Code of Criminal Procedure was recorded. The case of the accused is of simplicitor denial. Accused has also examined DW-1 Dr. Swati Aggarwal and DW-2 Dr. Benu Sharma in his defence. The trial court has acquitted the accused on 1.7.2004. It is in these circumstances, the State has filed the present appeal. 4. Mr. Vivek Singh Thakur, learned Additional Advocate General has vehemently argued that the prosecution has proved its case against the accused. According to him, the trial court has not correctly appreciated the oral as well as documentary evidence. 5. Ms. Kanta Thakur has supported the judgment of acquittal. 6. We have heard the learned counsel for the parties and have perused the records carefully. 7. PW-2 Puran Singh has testified that he had gone to Police Station, Indora as Sham Lal had filed complaint against him. Sham Lal is brother of accused. They starting coming back from the Police Station. Karam Singh was with him. They alighted from the bus at Jhangrara at 6.00 P.M. They started walking on foot. Accused Dev Raj met them at Jhangrara and 2-3 times he crossed them. While crossing, he was abusing him. He told the accused that he had no quarrel with him. The accused inflicted a blow on the left side of his chest. The blood started oozing out. He fell down. Accused Dev Raj met them at Jhangrara and 2-3 times he crossed them. While crossing, he was abusing him. He told the accused that he had no quarrel with him. The accused inflicted a blow on the left side of his chest. The blood started oozing out. He fell down. He was picked up by Karam Singh. Accused ran towards Jungle side. In the meantime, a scooter driven by Sarain came on which Bishan was pillion rider. He was taken to Dr. Raghu Nath, Private Practitioner. He advised him to go to the hospital. Thereafter, he went to Gangath Hospital. His statement was recorded vide Ex.PW-2/A. He was also taken to Sehgal Hospital, Pathankot. He remained admitted there for ten days. He identified the scissors Ex.P-1. In his cross-examination, he has admitted that he was facing prosecution in case titled as State versus Kram Chand. Accused Dev Raj was a witness. He could not say that F.I.R. against him and Karam Singh was registered for knocking teeth of Dev Raj. He has admitted that at the time of incident, he and Karam Singh had consumed liquor. He has categorically admitted that the blades of the scissors at that time were intact and not separated. 8. PW-4 Karam Singh has deposed that he alongwith Puran Singh came from the Police Station, Indora and were going to their village. When they reached ahead of village Baroti, accused Dev Raj inflicted injury with scissors to Puran Singh. Accused fled away towards Jungle. In the meantime, Sarain Singh and Bishan Singh came on a scooter. He requested them to take Puran Singh to the hospital. They took him to Dr. Raghunath Singh at Jhangrara. He advised them to take him to the hospital at Gangath. He was taken to C.H.C. Gangath. Doctor examined him in the hospital and referred him to Dharamshala. He has shown his ignorance that F.I.R was registered at the instance of accused against him and Puran Singh for knocking his teeth on 27.1.2002. He has denied that he and Puran Singh had quarreled with accused but admitted that Puran Singh had consumed liquor on the date of incident. He has also admitted in his cross-examination that case qua beatings to Sham Lal was pending against him and accused Dev Raj was witness in that case. 9. PW-5 Lal Singh has deposed that Puran Singh is his elder brother. He has also admitted in his cross-examination that case qua beatings to Sham Lal was pending against him and accused Dev Raj was witness in that case. 9. PW-5 Lal Singh has deposed that Puran Singh is his elder brother. On 27.1.2002 he came to know that his brother was inflicted injury by Dev Raj with scissors. He went to Jhangrara. He came to know that his brother has been taken to Gangath. He went to C.H.C. Gangath. Thereafter, doctor referred his brother to Zonal Hospital, Dharamshala. However, he was taken to Sehgal Hospital, Pathankot. He has handed over the clothes to the police on 30.1.2002. Police sealed the clothes in a packet and took the same in possession vide memo Ex.PW-5/A. During police interrogation in his and Karam Singh presence, accused disclosed to the police that he has kept the scissors in a bag kept in Almirah of his house. His statement was recorded to this effect vide Ex.PW-5/B. He has signed the same. Scissors were taken out from almirah of his house by the accused. It was taken into possession vide memo Ex.PW-5/C. The memo was signed by him and Karam Singh. He recognized the scissors Ex.P-1. In his cross-examination, PW-5 Lal Singh has admitted that the scissors from the house of accused was taken out by them. 10. PW-6 Sarain Singh has deposed that he was driving his scooter. Bishan Dass was pillion rider. When they reached at Baroti at about 7.00 P.M., one person signaled him to stop. He was told that Puran Singh has suffered injury and requested him to take him to doctor. Thereafter, he took Puran Singh alongwith his companion to doctor Raghunath at Jhangrara. Thereafter, he left for his house. 11. PW-9 ASI Ambia Ram has carried out the investigation. According to him, he visited the spot. He inspected the spot and prepared site plan Ex.PW-9/A. He recorded the statements of four witnesses. He also recorded the supplementary statement of Puran Singh on 29.1.2002. He also took into possession clothes vide memo Ex.PW-5/A. Disclosure statement of the accused was also recorded. In his cross-examination, he has deposed that it has come in his investigation that F.I.R. No. 16/2002 on the report of Dev Raj was registered against Puran Singh and Karam Singh regarding beatings. He has also admitted that Dev Raj was got medically examined in Hospital at Indora. In his cross-examination, he has deposed that it has come in his investigation that F.I.R. No. 16/2002 on the report of Dev Raj was registered against Puran Singh and Karam Singh regarding beatings. He has also admitted that Dev Raj was got medically examined in Hospital at Indora. It has also come to his notice that Sham Lal cousin of accused had quarrel with Puran Singh. 12. PW-11 Dr. Rajeev Sehgal has deposed that PW-2 Puran Singh was brought on 28.1.2002 to his Hospital at 12.45 A.M. He was admitted in the hospital and remained admitted from 28.1.2002 to 6.2.2002. He issued certificate Ex.PW-11/A. The depth of the wound was 4.5 cms. The blood oozed out from the incised wound. The length of incised wound was 4 cms and 2 cms wide with irregular margins. Duration of injury was less than 12 hours. He has admitted in his cross-examination that there was a difference between incised wound and stab wound. According to him, any sharp edged weapon would cause incised wound, self stated that scissors Ex.P-1 could also cause stab wound. He further admitted that if both the wings of the scissors are closed or shut, there would be only stab mark. 13. PW-1 Dr. A.S. Parmar has deposed that he intimated the police vide memo Ex.PW-1/A on 27.1.2002. On examination, there was incised wound lying horizontally on the lower part of the left chest 3” below the nipple and it was 1½” long and ½” wide. Depth could not be measured in O.P.D. as it required specialist skill services. The probable duration of injuries was within six hours. He issued M.L.C. Ex.PW-1/B. According to his opinion Ex.PW-1/E, he declared the injury dangerous to life. According to him, scissors ordinarily would cause stab wound. According to him, wound found on the person of patient could be caused with scissors Ex. P-1, if both the blades were kept apart and only one blade inserted. 14. DW-1 Dr. Swati Aggarwal has issued M.L.C. Ex.DW-1/C. She has noticed the following injury on the person of the accused: 1. “Tenderness over neck. No swelling was visible clinically. 2. Complained of loss of tooth from upper jaw. Patient was referred to Dental Medical Officer for examination and opinion. 3. Complained of pain right mammary region. Tenderness was slight. No feature of fracture. 4. “Tenderness over neck. No swelling was visible clinically. 2. Complained of loss of tooth from upper jaw. Patient was referred to Dental Medical Officer for examination and opinion. 3. Complained of pain right mammary region. Tenderness was slight. No feature of fracture. 4. Abrasion wound 1.5 cm was present over right side of upper lip.” 15. She had referred the patient to Dental Medical Officer. According to her, duration of injuries was more than 24 hours. The injuries No. 1, 3 and 4 were simple in nature. 16. DW-2 Dr. Benu Sharma has deposed that on 31.1.2002 Dev Raj was referred by her to Dr. Swati Aggarwal for dental opinion. On examination, she found as under: 1. “Complained of fracture of right upper second molar. The patient was carrying the broken crown of the tooth with him. Tooth was carious and roots of tooth were still in socket and were slightly mobile. Pain on percussing the roots. 2. Complained of mobility of lower incisors.” According to her, the duration of injury was within 96 hours. Her opinion is Ex.DW-2/A. 17. What emerges from the evidence discussed hereinabove is that complainant PW-2 Puran Singh and PW-4 Karam Singh were inimical towards accused. The cousin of accused has lodged complaint against PW-2 and PW-4. PW-2 and PW-4 had gone to Police Station, Indora in connection with the case registered by the cousin of accused. It has come in evidence that PW-2 has consumed liquor. It was PW-2, who had accosted the accused. PW-4 has also admitted that PW-2 had consumed liquor. It has also come in the evidence that the accused was a witness in a case pending before the Judicial Magistrate 1st Class, Nurpur. PW-2 has admitted that the blades of the scissors at that time were intact and not separated. The recovery of Ex.P-1 has also not been duly proved. It has come in the evidence of PW-5 Lal Singh that the scissors was taken out by them from the house of the accused. It has also come on record that PW-2 and PW-4 had given beatings to the accused. He was examined by DW-1 Dr. Swati Aggarwal. DW-1 Dr. Swati Aggarwal had referred the accused to DW-2 Dr. Benu Sharma. The prosecution has not explained the injuries received by the accused. It has also come on record that PW-2 and PW-4 had given beatings to the accused. He was examined by DW-1 Dr. Swati Aggarwal. DW-1 Dr. Swati Aggarwal had referred the accused to DW-2 Dr. Benu Sharma. The prosecution has not explained the injuries received by the accused. PW-4 has shown his ignorance about the registration of FIR against them at the instance of accused bearing FIR No. 16/2002. It has come in the statement of PW-1 A.S. Parmar and Dr. Rajeev Sehgal that a scissors in such a position, i.e. with closed blades would cause only stab wound. It has also come in their statements that the incised wound would be caused if the scissors is open and if its blades are closed or shut, it would only result in stab wound. 18. Accordingly, the learned trial court has rightly acquitted the accused. 19. Consequently, in view of the observations and analysis made hereinabove, there is no merit in the appeal and the same is dismissed. Bail bonds are discharged. No costs.