STATE OF HIMACHAL PRADESH Vs. RAVI LAL

JUDGEMENT

(1.) STATE has sought reversal of the judgment of acquittal dated 17.3.1997 delivered by the Sessions Court in a case under section 302 read with section 34 of the Indian Penal Code instituted against the respondents by Jubbal Police.

(2.) CASE of the prosecution, as per record, may be summed up thus.Deceased Balbir Bahadur Gorkha had been employed by PW -1 Madan Mohan to look after his orchard. PW -1 Madan Mohan had also employed some more Gorkhas, including PW -2 Man Bahadur alias Monu Bhai as domestic help. On 14.4.1996, there was a fair near the village of PW -1 Madan Mohan. Several Gorkhas, including deceased Balbir Bahadur, and the respondents went to see the fair. They returned in the evening. When they reached near the hut of PW -2 Man Bahadur, deceased Balbir Bahadur started using abusive language.

(3.) NEITHER the respondents nor Balbir Bahadur deceased were found there. PW -1 Madan Mohan, his father and brother and Man Bahadur (PW -2) searched for the deceased and the respondents. Ultimately, Man Bahadur spotted a shirt of the deceased in the orchard of one Mela Ram. Dead body of Balbir Bahadur was also found at a short distance from the shirt. It had several injuries.