STATE OF HIMACHAL PRADESH Vs. PREHLAD KUMAR

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 3/2/1997, accused were put to trial. In terms of judgment dated 4/4/1998 passed by the learned Additional Sessions Judge (II), Kangra at Dharmshala in Sessions Case No. No. 21-N/VII-1997, titled as State versus Prehlad Kumar and another, the accused stand acquitted of the charged offence. Whether reports of Local Papers may be allowed to see the judgment?

(2.) It is the case of the prosecution that Sh. Piar Chand (PW-1) had purchased a Maruti van bearing No.HP-01-0524, white in colour, from Modern Automobiles in the month of July, 1995. The vehicle was bearing Registration No. HP-01-0524. Sh. Jagat Ram (deceased) was employed as a driver by him. By routine the driver used to take the vehicle from the house of Sh. Piar Chand in the morning and bring it back by evening. On 3.2.1997 at about 8.30 a.m. Sh. Jagat Ram took the vehicle to the Taxi Stand, Chamba. On that day he was wearing a blue coloured jacket and a faded pant. He got petrol filled from the petrol station owned by M/s Mehta Avtar Chand & Co. Sultanpur, Chamba vide cash memo (Ext. PW 20/A). In the evening the driver did not bring the vehicle back. Sh. Piar Chand presumed that due to heavy rains the road may have got blocked somewhere. Since the driver did not return even for the next few days, on 11.2.1997 he got missing report (Ext. PW 12/A) lodged at Police Station Sadar, Chamba.

(3.) On 8.3.1997 Inspector Jagan Nath (PW-21) alongwith SI Jodhamal (PW-20) were at Harnota in connection with investigation of a criminal case. There they found a van in a damaged condition parked along side the road. The yellow strip of the vehicle was freshly painted with black colour and number plates were removed. Accused Prehlad was sitting in the vehicle. Jagan Nath asked accused Prehlad to produce documents of the vehicle. Accused Prehlad informed Inspector Jagan Nath (PW-21) that his companions Parkash and Jaswant Singh had brought the vehicle from Chamba which had met with an accident. No documents were produced. Suspecting that the accused had stolen the vehicle it was taken into possession vide memo (Ext. PW3/A) in the presence of Sh. Subhash and Sh. Harbans Lal (PW-3) and Ruka (Ext. PW17/A) was sent by PW-21 through constable Joginder Singh to Police Station, Nurpur. The van was got toe-chained and brought to Police Station, Nurpur. Accused Prehlad was also taken there. On the basis of Ruka, F.I.R. No. 61/97 (Ext. PW 17/B) dated 8.3.1997 under Sections 379 and 411 of the Indian Penal Code was registered at Police Station, Nurpur. At the police station accused Prehlad disclosed complete particulars of his companions. Consequently search was carried out for them. Same day at Talwara while PW-21 was inspecting the train at about 8.00 p.m. he saw two persons running away from compartment No. 3. He apprehended both of them. One turned out to be accused Jawant and the other disclosed his name as Amar Nath from Bilaspur. Amar Nath was carrying a pistol for which separate proceedings were initiated against him. Accused Jaswant was brought to the police station. On 9.3.1997 both accused Jaswant and Prehlad were formally arrested. On 10.3.1997 accused Prehlad made a disclosure statement (Ext. PW 4/A), witnessed by Sh.Prabhat Singh (PW-4) and Sh. Basheshwar Singh (PW-5), to the effect that after murdering the driver of the van (deceased) they had thrown his dead body near Kathla Mandir on Lunj to Gaggal Road. Accused Prehlad then took the police to the spot and got recovered the mummified dead body and clothes i.e. pant (Ext. P1) and underwear (Ext. P2) of the deceased from the spot vide memos (Ext. PW 6/A and Ext. PW 14/A) which was witnessed by Sh. Partap Chand and Sh. Siripat (PW-6). Inspector Prem Singh (PW-14) prepared inquest report (Ext. PW 10/C) and sent the dead body for post mortem to Zonal Hospital at Dharmshala. The skeleton was identified to be that of Jagat Ram through the clothes recovered at the spot. Post mortem examination of the mummified skeleton was done by Dr. D. P. Swami (PW-19) who gave his report (Ext. PW 10/B). It was further sent for examination to the State Hospital at I.G.M.C. Shimla where Dr. D. K. Ghosh (PW-10) examined and issued report (Ext. PW 10/E). The clothes were identified by Sh. Piar Chand (PW-1) and Sh. Rajesh Kumar (PW-2). Photographs were taken and site plan prepared at the spot. During investigation accused Jaswant Singh also made disclosure statement (Ext.PW 7/A), witnessed by Sh. Jeevan Kumar (PW-7) and Sh. Bahadur Singh, to the effect that he had concealed certain parts of the van being covers, tape recorder, blanket, seat covers and curtains at the rented accommodation at Ludhiana owned by one Jasbir Singh. Accused Jaswant also got these articles recovered vide memo (Ext. PW 1/A) which were identified by Sh. Piar Chand (PW-1). During investigation it so revealed that certain other parts of the vehicle i.e. wiper, radiator, self and three tyres were sold by accused Jaswant to one Sh. Devinder vide receipt (Ext. PW 8/A). The articles were got identified by Sh. Piar Chand and consequently taken by the police into possession vide memo (Ext. PW 1/B).