STATE OF H P Vs. SADA RAM

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 27th May, 1996, delivered by the learned Sessions Judge, Bilaspur in Sessions Trial No.9 of 1993, whereby he acquitted the accused of having committed an offence punishable under Section 302 read with Section 34 of the Indian Penal Code.

(2.) The prosecution story, in brief, is that on 15th January, 1993, complainant Budhi Ram (PW-1) lodged a complaint with the police at Bus Stand Bilaspur, where he happened to meet Inspector Dharam Singh (PW-22). In this complaint, it was alleged that Parkash Chand was his nephew in relationship; On 8th January, 1993, Budhi Ram had gone to his village and was informed by his wife Smt. Krishni Devi alias Nikki (PW-7) that on 7th January, 1993, Parkash Chand had come to their house, where he took meals. Thereafter, Parkash Chand played Cards till about j.0 p.m. and then went to his house. On 8th January, 1993, Sita Ram, father of Parkash Chand enquired from the complainant about the hereabouts of his son and informed the complainant that his son had not returned home after 7th January, 1993. The complainant advised Sita Ram to look for son in the house of other relatives. On 12th January, 1993, Sita Ram again came to the house of the complainant and the complainant inquired about Parkash Chand and then Sita Ram told him that Parkash Chand was not traceable. Then Budhi Ram, complainant went to Shimla to find out the whereabouts of Parkash Chand from his son-in-law Paramjit Singh, who was posted in Police Station, Dhali, Shimla. He asked his son-in-law to find out whether Parkash Chand had reported for duty at Junga or not. He then returned to his village from Dhalli.

(3.) On 15.1.1993, at about 11 a.m., Jagdish Chand (PW-18) informed the complainant that when he had gone to collect grass and fodder from the jungle, he saw the dead-body of Parkash Chand in Jamli jungle under a Khair tree amongst the bushes. There were signs of wounds on the back of the head and neck of Parkash Chand. Then, Jagdish Chand (PW-18) and the complainant came to report the matter to the Police at Police Station Bilaspur, but they met Dharam Singh at the Bus Stand itself. In this complaint, other than the allegation that the deceased was murdered with a sharp edged weapon, no specific allegations were levelled against any person. It appears that in fact, the complainant and his family members were questioned by the police. Some were arrested and some were interrogated as the needle of suspicion pointed towards these family members. Thereafter, for the first time on 18th January, 1993, they came up with a story that the deceased had played cards with accused Sada Ram and Rattan Lal and they were last seen with the deceased. The accused were arrested. Investigation was carried out and accused were charged with having committed the offence aforesaid. They pleaded not guilty and claimed trial. They have been acquitted by the learned trial Court and hence, the present appeal by the State.