STATE OF HIMACHAL PRADESH. Vs. DALIP SINGH

JUDGEMENT

(1.) The State has challenged the judgment of learned Additional Sessions Judge, Shimla rendered in Sessions Trial No.27 -S/7 of 1997, dated 31.8.1998 whereby the respondents, who were charged with and tried for having committed the offence punishable under Section 302 read with Section 34 of Indian Penal Code, have been acquitted.

(2.) THE case of the prosecution, in a nutshell, is that Major N.K. Aire, Jutogh Cantonment made a report on 25.10.1996 to Police Station, Boileauganj, Shimla to the effect that dead body of some unknown person was lying below Ambedker Chowk near the civil quarters. The Station House Officer alongwith other police officials rushed to the spot. However, the dead body was found inside the military Bungalow, namely, Hol Comb - near the stairs. One corner of the rope was found on the stairs and the other was found hanging below thereof. A match box having two sticks was found on left side of the dead body. A corner of the rope was found to be burnt. The right side of the pant on the legs of the dead body was found completely burnt. The front portion of the shirt on the dead body was also found burnt upto chest. There was a ligature mark around the neck of the deceased. The dead body was photographed by Santosh Kumar, Police Photographer. The inquest report was prepared and thereafter the dead body was sent to Indira Gandhi Medical College, Shimla for postmortem. Efforts were made to get the dead body identified. F.I.R. was registered after the receipt of postmortem report. Deceased was identified by his brother after seeing the photographs in the police station. The F.I.R. was registered vide Ex.PW -10/B on the basis of rukka Ex.PW -10/A. The case was investigated and challan was put up against the respondents. The prosecution has examined number of witnesses.

(3.) PW -2, Gulab Singh is the brother of the deceased. He stated that his deceased brother was deployed by one Shri Hira Singh with Contractor Uma Sharkar, Villy Park, Chaura Maidan and all the three brothers used to assemble in the shop of Lala Subhash Chand after their duty hours. He was told by the deceased on 24.10.1996 that he had purchased sugar and tea leaves from a soldier in the Western Command. He has revealed the name of the soldier as Dalip Singh. His brother has sold this sugar and tea leaves further to some other person for a consideration of Rs.90/ - and this amount was to be received by his brother on 26.10.1996 from that person. His brother had given only Rs.10/ - to Dalip Singh. His brother had gone to duty on 25.10.1996, but did not come back in the evening. He made inquiry from Hira Singh. He also made inquiry from the contractor, who told him that the deceased Bahadur Singh had worked with him only for an hour. He had gone to the Police Station, Boileauganj with his brother. He was told that the dead body was already cremated; however, they were supplied with the photographs of the dead body retained by the police for identification. They identified the dead body to be that of their brother, Bahadur Singh. They visited the police station again on 22.3.1997. Accused Dalip Singh was found arrested by the police. In their presence, accused informed the police during the interrogation that he had thrown the clothes of the deceased in a jungle below Advanced Study. The Statement Ex.PW -2/A was recorded by the police in his presence. The accused had taken the police to a jungle below Advanced Study and the clothes viz. shirt, pajama and brown colour plastic shoes with white coloured patches were recovered by the police. In his cross -examination, he has admitted that the documents Ex.PW -2/A and Ex.PW -2/B were written in the Police Station, Boileauganj. The clothes were also sealed and taken in possession there. These documents Ex.PW -2/A and Ex.PW -2/B were written immediately on their arrival in the police station from the place of recovery. He was not shown the clothes after the same had been taken in possession by the police. The version given by him of buying sugar and tea -leaves by his brother from the accused does not find mention in his earlier statement recorded by the police on 4.11.1996.