STATE OF H P Vs. JAGTAR SINGH

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 13.1.1997, accused were put to trial. In terms of judgment dated 23.3.1998 passed by the learned Addl. Sessions Judge(II), Kangra at Dharamshala, in Sessions Case No. 25- N/VII-1997 titled as State of H.P. vs. Jagtar Singh & Anr., the accused stand acquitted of the charged offence.

(2.) It is the case of the prosecution that Sh. Kanshi Ram was employed as a Chowkidar with M/s. Nitco Roadways Company at Damtal, H.P. He was also doing the work of night Chowkidar. Sh. Ram Lal (PW-20) was also working as a Palledar (labourer). On 12.1.1997, Sh. Dhani Ram (PW-4) also an employee of the Company after locking godown of the company went to his house. On 13.1.1997 at about 7.00 a.m., PW-20 saw the locks of the godown to be broken and the shutter open. In the godown he noticed the dead body of Kanshi Ram. He immediately informed Sh. Rasal Singh (PW-1) who in turn reported the matter to the police. Since Sh. Kanshi Ram had not returned home after duty in the morning, his son Sh. Raju (PW- 2) also made inquiries from PW-1. He was informed about the dead body lying in the godown. Both Raju and Rasal Singh then went to the godown where PW-2 identified the dead body to be that of his father. Both PW-1 & PW-2 went to police post, Damtal and lodged rapat (Ext.PW-12/A). In the meanwhile, PW-4 came at the spot and noticed that theft had also taken place in the godown. After verifying the stock he lodged a report (Ext.PW- 4/B) with the police that goods worth ` 1,07,000/- were stolen the same night. On the basis of rapat (Ext.PW-12/A), F.I.R. No.26/97 (Ext.PW-16/A) dated 13.1.1997 under Sections 460, 302 IPC was registered with Police Station, Indora. Inspector Jagdish Chand (PW-21) commenced investigation and got the site photographed through Sh. Sita Ram (PW-19). Inquest report (Ext.PW-2/A) was prepared and sample of the blood lying near the dead body was collected vide memo (Ext.PW-4/A). Site plan (Ext.PW-21/A) was prepared and post mortem of the dead body was got conducted through Dr. R. K. Chaudhary (PW-5), who submitted his report (Ext.PW-5/B). During investigation it so revealed that in the night intervening 12th/13th January, 1997, one Ashwani Kumar (PW-6) was returning from Punjab to his village Indpur. While he was crossing the spot at about 1/1.30 a.m. he saw truck No. PBN 7339 parked just near the godown of the Nitco Company. The said vehicle was traced and it was found that the same was registered in the name of the wife of accused Jagtar Singh who himself used to drive the vehicle. Accused Jagtar Singh was also seen driving the vehicle at Chakki Khad. Investigations revealed that out of the two tyres stolen from the godown were infact fitted on the wheels of the vehicle. On further interrogation accused Jagtar Singh made a disclosure statement to the effect that he and Raj Kumar @ Raju and Dharam Pal @ Kala had broken the locks of the godown and after entering the premises not only committed theft but also murdered Kanshi Ram. Weapon of offence i.e. sword (Ext.P3) was also got recovered by the accused. With the completion of investigation challan was presented in the Court for trial.

(3.) All the accused were charged for having committed an offence punishable under Sections 406, 302 read with Section 34 IPC to which they did not plead guilty and claimed trial.