SURESH KUMAR Vs. STATE OF H.P

JUDGEMENT

(1.) APPELLANT Suresh Kumar has challenged his conviction and sentence for offences, under Section 302 and 201 of the Indian Penal Code, for allegedly murdering one Beli Ram and then destroying evidence, regarding commission of the offence of murder. Trial Court has sentenced him to undergo imprisonment for life and to pay a fine of Rs. 10,000/ -, for offence under Section 302 of the Indian Penal Code. As regards offence, under Section 201 of the Indian Penal Code, he has been sentenced to undergo imprisonment for one year and to pay fine of Rs. 5,000/ -.

(2.) CASE of the prosecution, as per evidence, may be stated thus. Deceased Beli Ram, appellant Suresh Kumar and PW -4 Tej Singh all lived in different blocks of Government servant quarters, in the same locality, i.e. U.S. Club. They made friends with each other and would often sit in the evenings and have drinks. On 4th June, 2005, deceased and Tej Singh (PW -4) went to deceased's house, with a bottle of liquor, in the evening. They wanted to sit there and drink, to which deceased's wife objected, as she had young daughters in the house. The two then left for the house of Tej Singh. Around 8 in the evening, deceased's wife Dev Dassi (PW -1), accompanied by her two daughters, went to see Summer Festival at the Ridge, Shimla. They locked the house and delivered one of the keys of the lock to the deceased at the house of PW -4 Tej Singh. One of the daughters of Dev Dassi went to deliver the key. .

(3.) NEXT morning, dead body of Beli Ram was spotted by PW -2 Janki Dass, living in that locality. Dead body was lying in a drain, below the path, leading from the house of the appellant to the house of the deceased. Janki Dass informed the police. PW -26 Brijesh Sood, the then SHO Police Station Sadar, left for the spot. He saw the dead body and sent for the Forensic Science Expert, namely PW11 Dr. J.R. Gaur. Spot was inspected by said Forensic Science Expert. From the path, above the spot where the dead body was lying in the drain, blood traces upto the quarter of the appellant, were seen. Following those blood traces, Expert Dr. Brijesh Sood and PW -26 Brijesh Sood went to the house of the appellant. It was locked from outside. However, the back door of the house opening into the bath room was open. Through that door, the room and the kitchen etc. of the house could be reached.