Judgment:
Rajiv Sharma, J.
1. Challenge has been laid by the State to the judgment dated 20th August, 1997, of learned Sessions Judge, whereby respondents have been acquitted.
2. Case of the prosecution in a nutshell is that on 20th April, 1995 at 7.30 p.m. deceased Naro Devi, mother-in-law of PW-1 Meera Kumari, was sitting in the verandah of her house. Respondents entered the house of deceased Naro Devi. Naro Devi was given Danda blow by respondent Harnam Singh. Fist blows were given to her by other respondents, namely Raghunath, Sadhu Ram and Brij Lal. PW-1 Meera Kumari raised hue and cry, which drew the attention of PW-3 Kanshi Ram. PW-2 Pawan Kumar, the husband of PW-1 Meera Kumari, also reached the spot. He took his mother Naro Devi, initially, to Civil Hospital, Kangra and thereafter she was taken to Military Hospital, Yol. She died on 22nd April, 1995.
3. Matter was reported to the police by PW-2 Pawan Kumar, vide statement, under Section 154 of the Code of Criminal Procedure, which is Ex. PW-2/A, which led to the registration of FIR Ex. PW-9/A. Inquest of the dead body was conducted by the police, vide report Ex. PW-2/E. Postmortem of the dead body was conducted by PW-5 Dr. Ramesh Gupta. According to him, Naro Devi died of cardio-pulmonary arrest due to injuries to the vital centres in the brain caused by the head injuries and fractures of the skull.
4. Accused-respondents were examined, under Section 313 of the Code of Criminal Procedure. Respondent Brij Lal stated that he had made arrangement for the marriage of his daughter and had stacked water in the courtyard and this was objected by deceased Naro Devi. He also explained that when they dissuaded deceased Naro Devi from throwing the water, she hit him and his wife with a Danda. Other respondents were also examined under Section 313 of the Code of Criminal Procedure. Their defence is that there is a dispute of landed property and the parties are closely related.
5. Prosecution has mainly relied upon the statement of PW-1 Meera Kumari. According to her, respondent Harnam Singh gave Danda blow on the head of deceased Naro Devi and the other respondents gave fist blows. PW-2 Pawan Kumar took deceased Naro Devi to the hospital at Kangra and thereafter she was taken to Military Hospital, Yol. Trial Court acquitted the respondents.
6. Learned Assistant Advocate General has vehemently argued that the prosecution has proved its case. Mr. Anoop Chitkara, Advocate, has supported the judgment of the learned Sessions Judge.
7. We have heard the learned Counsel for the parties and gone through the record.
8. PW-1 Meera Kumari, the daughter-in-law of deceased Naro Devi, is the only eye-witness. Statement of PW-2 Pawan Kumar was recorded, under Section 154 of the Code of Criminal Procedure, which is Ex.PW-2/A. This statement was made by PW-2 Pawan Kumar on the basis of information supplied to him by PW-1 Meera Kumari, as he himself was not an eye-witness of the occurrence.
9. What has been recorded in statement, under Section 154 of the Code of Criminal Procedure, is that respondent Harnam Singh came armed with a Danda and after inflicting the blow he threw the Danda on the spot and after the arrival of PW-3 Kanshi Ram the respondents fled. However, PW-1 Meera Kumari has only stated that Danda blow was given on the head of Naro Devi. There is no whisper in her statement where did the Danda come from. She has not stated that Danda was left by respondent Harnam Singh on the spot. Defence plea is that the deceased went armed with Danda to the place where drums containing water had been stacked near the house of Brij Lal and that she not only shouted at Brij Lal and his wife but also assaulted them with Danda. Omission on the part of PW-1 Meera Kumari to the effect that Danda belonged to respondent Harnam Singh or he came armed with the Danda and that after giving the blow he left the spot leaving the Danda fits in the defence version. This is particulary so when the Danda was produced by PW-1 Meera Kumari herself to the police, which fact leads to legitimate inference that the Danda belonged to PW-1 Meera Kumari or the deceased, in view of the legal position that he who possesses any article is supposed to be its owner.
10. Also, the defence plea is corroborated by the fact that on the very day of the occurrence a report was lodged with the police by respondent Brij Lal, in which the defence pleaded in the Court finds mention. That report is Ex. PW-9/C. Respondent Brij Lal and Sapna were got medically examined. Medical certificates are Ex. DA and Ex. DB. As per these certificates both Brij Lal and his wife Sapna Devi were having injuries, including an injury, which is specifically opined to have been caused by a Lathi blow.
For the foregoing reasons, we do not find any merit in the appeal. The same is, therefore, dismissed.