STATE OF H P Vs. BIHARI LAL

JUDGEMENT

(1.) THE respondents were tried and acquitted for the offence punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, in Sessions Trial No.1 of 1997, decided on 7.9.1999. THE State, by means of the present appeal, has assailed their acquittal.

(2.) IN short, the prosecution case can be stated thus. Dalip Kumar (deceased) was allegedly murdered by the respondents on the allegation that he was having sexual relations with one Bhima, who was paramour of Bihari Lal. Parwati Devi (PW.2), is an eye witness. She was having illicit relations with Tulku alias Tek Chand. Both were strolling in the orchard during the night and sat on the side of nullah. She was attracted with the cries 'Mara Mara' coming from the house of Bhima and saw Bihar Lal, Dabar and Hiru (now dead) carrying Dalip Kumar out of the house of Bhima. The dead body was placed by them under the water-tap thereafter, they washed the blood stains and it was placed on the road near the curve. Next day the dead body was found at the said place and police was informed. PW.2 aforesaid did not disclose the fact to anyone despite the fact that her paramour Tulku @ Tek Chand and her father, Paras Ram and Bihari Lal were arrested by the police in connection with this murder case. The challan was finalized against them, it was also presented in the court but vide order dated 27.9.1993, they were discharged, as there was no linking evidence against them. At that time, the prosecution story against them was that on the fateful night, Tek Chand and Paras Ram had been hovering around the house of Parwati aforesaid, to get the opportunity to be with her. Hira Singh and Chuhru took liquor on the road side, thereafter, Chuhru was taken to his house by Shanti his wife. Hiru alias Hira Singh went to the house of Dabar and the deceased was last seen in the company of Hira Singh, Chuhru. Thereafter the deceased was seen lying on the road in drunken condition by Mohan Singh a truck driver. The learned trial court against them did not find any material even to frame charge against any of the accused, thus they were discharged.

(3.) POLICE on the strength of the above fresh evidence filed another challan against the respondents before the trial court for the offence aforesaid.