Chander Bhusan Barowalia JUDGMENT
Tarlok Singh Chauhan, J.
1. Aggrieved by the order of acquittal passed by the learned Additional Sessions Judge, Fast Track Court, Chamba, District Chamba (H.P.), in favour of the respondent, who had been charged for the commission of the offence punishable under Section 302 of the Indian Penal Code (for short 'IPC'), the State has filed the instant appeal.
2. The case of the prosecution, in brief, is that on 02.08.2009, there was a function on the occasion of retirement in the house of Musadi, in village Bhelu. About 500-600 people had come to attend this function including the accused, deceased, wife and sister of the deceased. A brawl allegedly took place between the accused and the deceased in the midnight. Thereafter, at about 5.15 a.m. on 03.08.2009, the deceased Bhagat Ram came to his house which was at a distance of eight metres from the house of Musadi Ram. The complainant was standing in the verandah of his house, while the deceased was standing on his 'kotha' (mud lintel), then at about 5.30 a.m., the accused appeared and pushed him (deceased Bhagat Ram) from the 'kotha'. Resultantly, he fell down and died on the spot. Thereafter, the accused gave a challenge to Misso Devi, the sister of the deceased, who was sleeping in the house to come out and threatened that he would kill her in the same manner he had killed her brother. Thereafter, the accused fled away from the spot. When the complainant and his sister came down, blood was oozing out from the head and face of the deceased and he was dead at that time. Thereafter, the complainant intimated Smt. Badlu, wife of the deceased and other villagers. Smt. Badlu, Ami Chand and Singhu went to the Vice President of the Panchayat and intimated him about the incident, who, in turn, intimated the police over telephone.
3. On receipt of information, daily diary report Ex. PW 16/A was recorded in Police Station, Kihar and ASI Naseeb Singh along with SPOs Gurdhian Singh and Bhanu Parshad rushed to the spot, where the complainant got recorded his statement under Section 154 Cr.P.C. Ex. PW 1/A before ASI Naseeb Singh, who, in turn, sent the same to the police station, where FIR Ex. PW 11/A came to be registered. Photographer was called on the spot, who took photographs Ex. PW 4/1 to Ex. PW 4/7. Blood stained earth and stones were lifted from the spot and taken into possession vide memo Ex. PW 1/B. Site plan Ex. PW 18/A, inquest reports Ex. PW 1/B and Ex. PW 1/C were also prepared. Dead body of the deceased was taken into possession and sent for post mortem. Statements of the witnesses were recorded, accused was arrested and it was found that he was having injury mark over his left eye, therefore, he was got medically examined and his MLC was obtained.
4. On 05.08.2009, the accused made a disclosure statement under Section 27 of the Indian Evidence Act regarding the place where he had concealed the clothes which he had been wearing on the date of occurrence and got recovered these clothes vide memo Ex. PW8/A. Site plan of the place of recovery of clothes was prepared. During investigation, blood stained earth, stones and clothes were sent to FSL and report of FSL was obtained.
5. After completion of investigation, challan was prepared and presented in the Court. Upon consideration, charge against the accused for the commission of offence punishable under Section 302 of IPC was framed to which he pleaded not guilty and claimed trial.
6. The prosecution examined as many as 20 witnesses and thereafter the accused was examined under Sectio........