STATE OF H P Vs. KARAM DEEN

JUDGEMENT

(1.) State has appealed against the judgment, dated 5.1.1997, of learned Sessions Court, whereby respondent Karam Deen, who was tired for an offence, under Section 302 IPC for allegedly murdering his brother-in-law (wife's brother) Ramjan, has been acquitted.

(2.) Prosecution's version, as per evidence on record, is like this. Deceased Ramjan was married to Hasmat Bibi. Respondent Karam Deen is a brother-in-law of the deceased being deceased's sister's husband. Respondent and one Alia were allegedly having illicit relations with Hasmat Bibi. Deceased Ramjan used to object to the illicit relations of the respondent with his wife. On 4th July, 1996, Ramjan went to the Patwari of the village and from there he went to village Ranital, telling the Patwari that he was going to that village. He was seen in the company of respondent at Ranital on 4.7.1996, in the evening, by PW-6 Harvinder Singh. Thereafter he was never seen alive by anybody.

(3.) A report was lodged with the police by PW-7 Lal Deen, a brother-in-law of the deceased, on 9th July, 1996, about the deceased having gone missing. Thereafter police and other relatives of the deceased started searching for him. On 25.10.1996, written complaint Ext. PW1/A, was submitted by PW-1 Kamaldin, a brother of the deceased, to Deputy Superintendent of Police, alleging that he suspected that the present respondent and one Alia, who were having illicit relations with the deceased's wife Hasmat Bibi, had done him to death with intent to remove the hurdle in the way of their having illicit relations with said Hasmat Bibi. Deputy Superintendent of Police marked the complaint to the Station House Officer on 26.10.1996 and on 27.10.1996, case was formally registered on the basis of this complaint, vide FIR Ext. PW9/A. Copy of the formal FIR Ext. PW9/A was received by the Additional Chief Judicial Magistrate on 28.10.1996.