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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
R.B. Misra & V.K. Sharma, JJ.
State of Himachal Pradesh - Appellant
Versus
Rajesh Kumar - Respondent
Cr. Appeal No. 140 of 2007
Decided on : 19.12.2012
Criminal Appeal - Indian Penal Code - Section 452, Section 302, Section 378(3) of the Code of Criminal Procedure - The court discussed the prosecution's case, the evidence presented, and the interpretation of the law. The judgment set aside the previous decision and found the accused guilty of the offence punishable under Section 304 (2) of the Indian Penal Code and also held the accused liable for the offence punishable under Section 452 of the Indian Penal Code.
Fact of the Case:
The prosecution alleged that the accused had inflicted injuries on the victim, leading to her death. The prosecution presented evidence from various witnesses, including the victim's family members and medical professionals. The accused denied the allegations.
Finding of the Court:
The court found that the previous judgment had not properly appraised the prosecution witnesses and arrived at an incorrect finding. The court set aside the previous decision and found the accused guilty of the offences under Section 304 (2) and Section 452 of the Indian Penal Code.
Issues: The key issues revolved around the interpretation of the evidence presented by the prosecution, the reliability of the victim's statement recorded under Section 161 of the Code of Criminal Procedure, and the assessment of the circumstances surrounding the case.
Ratio Decidendi: The court held that the statement of the victim recorded under Section 161 of the Code of Criminal Procedure could be treated as a dying declaration. The court also inferred that the accused had inflicted injuries with the knowledge that they were likely to cause death, leading to the application of Section 304 (2) of the Indian Penal Code.
Final Decision: The court set aside the previous judgment, found the accused guilty of the offences under Section 304 (2) and Section 452 of the Indian Penal Code, and scheduled a hearing for the accused on the quantum of sentence.
R.B. Misra, Judge
The present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure against the judgment dated 30.12.2006 passed in Sessions case No. 50-K/2005 passed by learned Additional Sessions Judge, Kangra at Dharamshala, acquitting the accused/respondent for the offence under Section 452 and 302 of the Indian Penal Code in reference to FIR No. 53/05 dated 16.2.2005.
2. The prosecution case, in brief, is that the complainant Roshan Lal filed a complaint under Section 154 of the Code of Criminal Procedure on 16.2.2005 at 5:00 P.M., stating that he has five children, including four daughters and one son and is working as labourer. On 16.2.2005 at about 3:45 P.M. his son Lucky Kumar (PW-7 came to him, while he was working and informed him that his mother was killed by Rajesh Kumar. After coming to home, Roshan Lal (PW-1) noticed that his wife (Gaytri Devi) was lying on the cot having injures on her head. She was brought to Zonal Hospital, Dharamshala in unconscious state, where his statement Ex. PW-1/A was recorded under Section 154 of the Code of Criminal Procedure. She regained consciousness at PGI after three days and she told PW-1 that she was given beatings by accused Rajesh Kumar by Axe. The victim was medically examined at about 5.00 P.M. The FIR in that reference was registered on the same day at about 6:30 P.M., however, Gaytri Devi died due to the injuries after one month eight days. Post mortem of the deceased/Gaytri Devi was conducted and after investigation accused Rajesh Kumar was charged for the offences punishable under Sections 452 and 302 of the Indian Penal Code.
3. In order to prove its case, the prosecution has examined as many as eighteen prosecution witnesses, whereas the accused/respondent, denied the prosecution case.
4. PW-1 (Roshan Lal), husband of the victim/deceased has supported the prosecution case. However, in his cross-examination, he has stated that he got statement recorded with the police indicating that his son Lucky Kumar (PW-7) told him that accused Rajesh Kumar had inflicted injuries on the victim, however, confronted with Ex. PW-1/A, it was not so recorded. PW-1 further stated in cross-examination that he remained in PGI till 22nd February, 2005 and police recorded his statement at PHI Chandigarh. Statement of PW-1 was recorded again at home and the victim was again taken to PGI on 21st March, 2005. PW-1, however, denied that the police did not record his separate statement after 16.2.2005 and has also denied the suggestion that the victim had not told him that she was given beatings by the accused. PW-1 has also denied the suggestion that PW-7 did not disclose the name of accused Rajesh Kumar. PW-1 has also stated in his cross-examination that Amar Singh, the father of accused is his real brother.
5. PW-2/(Swarup Kumar) has stated that he was told that Rajesh Kumar had beaten the victim, however, he neither saw the accused Rajesh Kumar in the Village nor had seen him running from there, when PW-2 (Swarup Kumar) entered the house of Gaytri Devi. PW-2 stated that police had already reached there and at that time the injured had not been murmuring anything. PW-2, however, denied the suggestion that Smt. Kanta Devi (PW-8) and Lucky (PW-7) had suggested to apprehend accused Rajesh Kumar, as he was running from the spot. PW-2 has also stated in cross-examination that Smt. Kanta Devi (PW-8) has also apprized PW-2 that Rajesh Kumar had given blow of axe to victim/Gaytri Devi. PW-2 has stated in cross-examination that victim was unconscious when he reached the place of victim and was not in a position to talk and PW-2 was also unaware as to who has raised rumor/noise that accused Rajesh Kumar had beaten the victim.
6. PW-3/(Sanjay Kumar), deposed that while present in his shop at about 4.00 P.M. on 16.2.2005, had heard that some lady had been beaten, as such, PW-3 had taken the victim to hospita
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