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HIMACHAL PRADESH HIGH COURT
HON’BLE MR. JUSTICE SURJIT SINGH, &HON’BLE MR. JUSTICE SURINDER SINGH, JJ
STATE OF H.P
Appellant
VERSUS
KARMOO
Respondent
Cr.A No.396 of 1995
Decided on 3-9-2009.
Acquittal - Offence under Section 302 of the Indian Penal Code - [302 IPC] - The court discussed the evidence related to the injuries on the deceased and the respondent, the contradictions in witness testimonies, and the lack of corroboration for the prosecution's case. The court found that the testimony of the key witness was unreliable and excluded, leaving insufficient evidence to hold the respondent guilty.
Fact of the Case:
The prosecution alleged that the respondent had beaten the deceased, resulting in his death. The respondent claimed self-defense, stating that the deceased had first hit him with a Danda on his head.
Finding of the Court:
The court found that the testimony of the key witness was unreliable and excluded, leaving insufficient evidence to hold the respondent guilty.
Issues: Reliability of witness testimonies, evidence of injuries, self-defense claim
Ratio Decidendi: The court emphasized the importance of reliable witness testimonies and the need for corroborating evidence in criminal cases. It also considered the self-defense claim in light of the evidence of injuries on the respondent.
Final Decision: The appeal was dismissed, upholding the judgment of acquittal passed by the trial court.
Surjit Singh, J (Oral) State has appealed against the judgment, dated 14th March, 1995, of learned Sessions Judge, Shimla, whereby respondent Karmoo, who was charged with and tried for offence, under Section 302 of the Indian Penal Code, has been acquitted.
2. Case of the prosecution, as per record, is like this. On 23rd May, 1994, at 11.30 p.m., Daulat Ram(PW-1), a brother of deceased Chet Ram, went to Police Station, Jubbal and lodged FIR Ex. PW-1/A. As per said FIR, PW-1 Daulat Ram received a telephonic message in his village Deem, at the place of one Krishan Chand. The caller was Daulat Ram (PW-4), Junior Engineer. PW-1 Daulat Ram was informed by PW-4 Daulat Ram, as per FIR, that the present respondent Karmu and one Devinder son of Premu had beaten up his brother deceased Chet Ram at a place known as Khara Pathar and that after thrashing him they had run away and his brother was lying unconscious on the spot. He further reported that when he reached the spot, he came to know that the deceased had been carried by Lohtu Ram (PW-2) to the outhouse (Dogri) of Jeet Singh (PW-8). Further he reported that when he was going towards the Dogri of Jeet Singh, Lohtu Ram met him on the way and he told that his brother deceased Chet Ram was lying unconscious in Jeet Singh’s Dogri and from there he, accompanied by said Lohtu Ram, went to Dogri of Jeet Singh, where his brother lay unconscious and there were injury marks on his face and his nose was bleeding. He also reported that he took his brother to the Hospital at Jubbal for treatment. Next day, at 5 a.m., Chet Ram died, at Jubbal Hospital. Police conducted inquest and filled in the requisite form Ex. PW-14/B.
3. Postmortem was conducted at the Government Hospital, Jubbal, by a doctor named Laxmi Nand (not examined). Postmortem report Ex. PW-11/B was proved, during trial, by PW-11 Dr. (Ms) Suniti A Ganju. As per postmortem report, there were six external injuries, mentioned below:
1. Bluish discolouration of upper eyelid (Rt.).
2. Lacerated wound 1 cm long on temporal aspect of sclera of right eye.
3. Clotted blood present inside the nostrils.
4. Swelling present over the temporo parietal region 6 x 5 cm, two fingers above right ear.
5. Abrasion over the left knee 2 x 2 cm.
6. Abrasion over the left (a) mid arm laterally 1 x 1 cm. (b) forearm 1 x1 cm lateral aspect.
On opening the body, swelling, measuring 6 x 6 cm over temporo parietal ® region 2 finger above the right ear and 4 cm posterior to right supraceiliary margin was noticed. Haemotoma after reflection of scalp 10 x 6 cm over the temporo parietal bone 2 cm above the ear (right) 4 cm posterior to supra orbital margin was noticed. Depressed communited fracture on right temporo parietal bones extending 3 cm from right supraorbital margin obliquely upward through temporal bone upto 7 cm on the parietal bone and transversely from parietal point upto 5 cm on parietal bone was also found. Time lag between the injuries and the death was opined to be 12 to 18 hours. Postmortem examination was conducted at 10.30 a.m. on 24th May, 1994.
4. When the deceased was still alive, his medical examination was conducted by PW-11 Dr. (Ms) Suniti A Ganju and she made the following observations:
Patient unconscious, comatosed, cold. No response to external and painful stimuli. Pulse 50 per minute irregular. Blood pressure was 60 mm hg. Heart rate irregular. Breathing slow, irregular.
Chest:
Added sounds present. No smell of alcohol in breath. Reflexes not elicited.
Eyes: Right- bluish discolouration of the upper eye lid. Lacerated wound 1 cm. long on the upper lateral aspect of sclera. Pupils fixed and dilated. No reaction to light. Left eye: pupils fixed and dilated. No reaction to light.
Nose: Clotted material present over the nostrils. No fresh bleeding. Head: swelling present over the temporo parietal region 6 x 5 cm two fingers above the right ear. No external injury or bleeding at the site of the swelling. No bleeding thr
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