STATE OF H.P. Vs. MONTAJ ALI.

JUDGEMENT

(1.) STATE has challenged, in this appeal, the judgment dated 29th October, 1997 of the learned Sessions Court, Nahan, whereby respondent Montaj Ali, who was tried for an offence, under Section 302 of the Indian Penal Code, has been acquitted.

(2.) PROSECUTION 's case is that deceased Sarwan was employed as a driver on truck No. UP -12 -A -2325 owned by PW -3 Anup Singh. Some time in the month of November, 1995, deceased Sarwan started with the truck loaded with coal, from Calcutta side. The coal was to be brought to Kala Amb and delivered in a factory of which PW -1 Sahib Singh Rana was the Manager. On the way, deceased went to PW -15 Siri Prashad in village Purasujan Rai, Tehsil Badlapur, District Jonpur and asked him to provide some cleaner for his truck. PW -16 Raj Bahadur was also present at the place of PW -15 Siri Prashad when the latter was approached by the deceased. PW -16, Raj Bahadur got employed the respondent as cleaner with the deceased. The truck reached Kala Amb on 24th November, 1995 in the evening. At that time PW -5 Vipin Singh was on duty. He got the coal unloaded from the truck. Deceased then demanded the freight. He was told that freight would be paid next day by the Manager of the factory. Vipin Singh was on duty that night up to 8.00 p.m. only. After his duty time was over, PW -6 Julfikar Ali came for duty as Chowkidar. He saw deceased going out of the factory with his truck around 9.15 P.M. for taking meals. He returned at 10.00 P.M. after taking meals. Two persons including the cleaner of the truck, namely, Montaj Ali, respondent were accompanying him. Next day, i.e. on 25.11.1995, Sahib Singh Rana, PW -1 went to the factory at 10.00 A.M. He asked PW -5 Vipin Singh, who had returned for duty as Chowkidar by that time to call the driver of the truck to collect freight. Vipin Singh found that the driver was lying in the cabin of the truck with his head on the steering. He informed the Manager accordingly. Upon that Sahib Singh Rana PW -1, himself went to the cabin of the truck and found that the driver was lying dead. He went to Police Post, Kala Amb and lodged report, which was entered in the Rojnamcha, copy of which is Ex. -A. Police reached the spot. It was found that driver of the truck, namely, Sarwan was dead. He had injuries on his head and face. One iron rod, Ex. P -15 and one screw driver Ex.P -16 were lying in the cabin. They were stained with blood and were taken into possession. Several other articles lying in the cabin were also taken into possession. Inquest was conducted and the dead body was sent to district hospital at Nahan for post -mortem. PW -8 Dr. A. Chaturvedi conducted the post -mortem. He found the following injuries on the dead body:

(3.) POST mortem was conducted on 26.11.1995 at 11.30 A.M. Doctor gave the opinion that the death took place instantaneously with the infliction of injuries and that the time lag between death and the post mortem was 24 -26 hours.