The case of the prosecution was that on 15.9.1992 at 9.00 a.m., the complainant Mohar Singh, PW-1, a member of Gram Panchayat, Karar accompanied by Khyali Ram, PW-6, Pradhan of the said Gram Panchayat lodged a daily diary report with the police post Anni, District Kullu stating that at about 7.00 p.m. The evidence led by the appellant in defence in the form of statement of Amar Singh, who appeared as DW-1 was not considered at all.
On the other hand, learned counsel for the respondent State submitted that the arguments sought to be raised by the appellant are not tenable at all.
In his statement, Mohar Singh, PW-1 clearly stated that on 14.9.1992 about 7 p.m., he saw a scuffle between the deceased and the accused.
However, as per his supplementary statement recorded under Section 161 CrPC dated 15.9.1992, he corrected his previous statement whereby he said that Gian Chand, the appellant was the one who had inflicted the danda blow. PW-3 Mohan Lal also stated that the dispute was regarding some land, in possession of deceased Salig Ram and accused persons wanted to take forcible possession thereof.
Also Read: https://newslaw.in/case-type/criminal/legal-analysis-of-judgement-on-discharge-in-a-murder-case/
Tejvir Singh, who appeared as PW-7, the deceased received incised looking lacerated wound 6” x 1” x 6” on the scalp above the left ear and abrasion on the right scapula.
He had also examined Devki Devi who received lacerated wound about 1 12 cm x 12 cm x 12 cm on left side of forehead about 1 12” above outer margin of left eye.
In his cross examination he stated that the injuries suffered by the deceased could be caused by a fall on hard surface.
Also Read: https://newslaw.in/case-type/criminal/protection-of-public-servants-in-criminal-proceedings/
Firstly, the deceased had died due to fall from the ‘thara’ of his house, secondly, from the ‘danga’ of his house, thirdly, from the ‘danga of the khalian’ and fourthly from the ‘danga of the accused’.
_____________, J.
Case Title: GIAN CHAND Vs. THE STATE OF HIMACHAL PRADESH (2023 INSC 553)
Case Number: Crl.A. No.-000282-000282 / 2011
