STATE OF H P Vs. SANTOSH KUMAR

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 3.1.1996, accused were put to trial. In terms of judgment dated 27.6.1997 passed by the learned Addl. Sessions Judge, Mandi, in Sessions Trial No. 18 of 1996 titled as State of H.P. vs. Santosh Kumar & Ors., accused persons stand acquitted of the charged offence.

(2.) It is the case of the prosecution that students of Senior Sec. School, Sundernagar had fought amongst themselves in the Canteen of the school. Even though the matter was compromised but however the accused had proclaimed that they would take revenge. Sh. Yadvinder (PW-29) heard accused proclaiming the same. Sh. Mohinder Singh (PW-27), a student, who resides at Mahadev Chowk, Sundernagar boarded a bus near the community hall, Sundernagar. When bus reached S.O. Chowk Colony he saw the accused getting down and after taking out knife (khukhri) from the pocket gave blows with the same to Jiwan Gopal who was standing on the road. All the accused repeatedly gave beatings to Jiwan Gopal in his presence. Accused Naresh Kumar (Accused No.3) gave blow with a Motorcycle chain, accused Anil Kumar (Accused No.4) give blow with a knife and accused Santosh Kumar (Accused No.1) gave blow with a khukhri. Accused Bhutto alias Narender Kumar, (Accused No.2), Ishwar Chand (Accused No.5) and Gopal Singh (Accused No.6) also gave blows with fists and kicks. Immediately thereafter accused boarded the bus which was stationary and they got down and ran towards Tunahi. Many persons present at the spot including S/Sh. Birbal (PW-3), Atter Singh (PW-4), Baldev Krishan (PW-5), Shankar Dass (PW-6), Bhim Singh, driver of the bus (PW-7), Ashok Kumar (PW-8), also witnessed the incident. When some of them tried to intervene and catch them A-4 after brandishing knife proclaimed that he would also kill them. Having said so the accused ran away from the spot and went to the shop of Sh. Subhash Chand (PW-28), uncle of A-2 with whom they confessed having murdered Jiwan Gopal of Upper Valley with a khukhri. A-1 took out khukhri from his pant and asked him to hide the same. He also heard A-1 and A-2 discussed their plan of further going to Manali and Rampur in the presence of PW-28. Accused Prem Singh (Accused No.9) was asked to arrange for the vehicle which was driven by accused Mani Ram (Accused No.8).

(3.) On the spot Sh. Ashok Kumar (PW-8) telephonically informed Police Station, Sundernagar about the incident. The call was received by Sh. Amba Dutt (PW-31), who recorded report (Ext. PAA) dated 3.1.1996 at 2.50 p.m. and proceeded to the spot. Before the police could arrive Atter Singh (PW-4) took the injured to the hospital where he was declared dead. Upon reaching the spot, Sh. Amba Dutt made preliminary inquiry and recorded statement (Ext.PY) of PW-28. He alone made inquiry for 2 to 3 hours till the time Sh. Hans Raj (PW-33), SHO Police Station, Sundernagar reached at the spot. Statement (Ext. PY) was sent to police station on the basis of which F.I.R. No.9/96 dated 3. 1. 1996 under sections 302, 34, 212 IPC (Ext. PZ) was registered by Sh. Yudvir Singh (PW-15). Same day SHO recorded statements of the spot witnesses. Spot was photographed and postmortem of the body was got conducted through Dr. Balbir Singh Verma (PW-18) who submitted his postmortem report (Ext. PGG).