SWARN KAUR Vs. GURMUKH SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment of the Division Bench of the High Court of Himachal Pradesh, dated 18.06.2008, in Crl.A.No.280 of 2005. The de facto complainant is the appellant. The respondents 1 to 5 were arrayed as accused 1 to 5 along with Gurnam Singh and Jagtar Singh, two other accused in Sessions Trial No.13/7 of 2001/2002.

(2.) The case of the prosecution was that on 30.03.2002, a group of pilgrims were led by the second accused to Shah Talai for worshiping Baba Balak Nath. The deceased Jeet Singh, was taken by the second accused along with the team for the purpose of cooking. The pilgrims reached Shah Talai on 30.03.2002. On reaching Shah Talai and after paying obeisance at the temple, the pilgrims stayed at Dana Mandi in Shah Talai. The accused party appeared to have been not satisfied with the food prepared by Jeet Singh and being annoyed by the said factor, it was alleged that the accused beat the deceased Jeet Singh, after tying his hands with Parna (a piece of cloth used both as head-gear and towel by the villagers). The deceased was taken towards a khud in a jeep-taxi belonging to P.W.6, Milap Chand. The accused stated to have given fist blows and kicks to the deceased and on the next day morning the body of Jeet Singh was found in the bed of a rivulet known as 'Saryali Khud', near Dana Mandi.

(3.) Some other pilgrims, not connected with the group led by the second accused, after noticing the body of the deceased, stated to have brought it out and placed it on the dry portion of the rivulet bed and the information was passed on to P.W.1. P.W.1 is a village Up-pradhan of Gram Panchayat Naghiar. P.W.1 in turn gave the information to the police station Thalai on 31.03.2002, at about 10.45 a.m. by telephone informing that a dead body of some Punjabi male was lying in the bank of Saryali Khud. Based on the said information P.W.19 A.S.I., along with other police officials reached the spot and prepared the inquest report. In the meantime, A2, A4 and A5 along with A7 (acquitted accused) appeared to have proceeded to the Shah Talai police station and reported to P.W.17, M.H.C. about the missing of one of their companion. P.W.17 directed the four of them to go to Saryali Khud and find out whether, the dead body was that of their missing companion. They went to the place where the body was found by P.W.19 and after inspecting the body A2, A4, A5 and A7 told P.W.19 that he was not the person who was missing viz., Jeet Singh. P.W.19 after conducting the inquest, sent the body for post-mortem and the post-mortem was carried out by P.W.23, Dr. A.K. Sarma. Exhibit P.W.23/A is the post-mortem report, wherein the post-mortem doctor has noted two injuries. The injuries were : "(a) Multiple contusions on both knee and below the knee, reddish brownish scab formed, underline bones are normal.