LAWS(HPH)-2010-3-187

SUNIL KUMAR Vs. STATE OF H.P.

Decided On March 16, 2010
SUNIL KUMAR Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) HEARD .

(2.) PETITIONERS were arrested on 5.1.2010 in FIR No. 98 of 2009, registered in Police Station Barotiwala under Section 302 read with Section 34 Indian Penal Code. The only allegation against them is with respect to destruction of evidence under Section 201 Indian Penal Code. The alleged murder is stated to have taken place during the intervening night of 28th and 29th August, 2009 and the dead body was found in the jungle on 5th September, 2010 which was putrefied. D.N.A. analysis established the identity of the deceased. Petitioners are alleged to be connected with the alleged offence on the statements of Arun Kumar and Ajay Kumar.

(3.) I have gone through the statements of both the witnesses, recorded under Section 161 of the Code of Criminal procedure. Both these witnesses stated that they came to know about the murder of the deceased on the recovery of the dead body but there is no explanation as to why they did not report the matter to the police immediately whereas in the instant case FIR was lodged in December, 2009 at the instance of Sharda Ram, father -in -law of the main accused Smt. Pushpinder Mehta and their statements were recorded on 13th January, 2010.