STATE OF HIMACHAL PRADESH Vs. PREM CHAND

JUDGEMENT

(1.) The general question requiring determination of this Court in the instant case is as to "whether the trial Court below has wholly mis -appreciated the evidence while recording the acquittal of the accused." Id this appeal the firm answer is to be in the negative. 2 Briefly stated, Shri Ram Ditta,, deceased, was employed as peon -cum -chowkidar in the Government Middle School, Talmehra since 1962. His residential room was part and parcel of the said school Despite opening of school after summer vacation on September 1, 1972, he remained absent from duty till September 4, 1972 evening when emitting of excessive foul smell from his room locked from outride attracted PW Amar Swarup, headmaster as also other school staff They broke open the lock of the room and found a decomposed dead body of a person which was later identified to be that of employee aforesaid. PW 8 Amar Swarup sent a written information Ex. PF to S » H. O., Barsar which culminated into recording of Daily Diary No. i0 on September 5, 1972 at 9.05 p m and ultimately F. I R. Ex. PU at Ibe instance of Rattan Singh PW 7 was recorded on September 5, 1972 at 9.05 p. m in which accused was named as a suspect.

(3.) On receipt of information, the police machinery came into action. The Investigating Officer visited the spot, visually inspected the bloodstained but decomposed dead body lying on the cot inside the room, got it photographed, prepared its inquest report (Ex. PA) on September 5, 1972 and after duly taking into possession, despatched the same to Civil Hospital, Hamirpur for postmortem. After observing codal formalities he also took into possession the incriminating articles before the persons present there and recorded their statements, During investigation the Investigating Officer also obtained the postmortem report and Chemical Examiners report besides that of Serologist. Thus after completion of investigation, challan against the accused was filed charge under section 302 I P C. was framed but the accused was acquitted vide the impugned judgment dated January 31, 1983 passed by the learned Sessions Judge, Hamirpur and Una Districts at Una.

(4.) The accused abjured the guilt and pleaded false implication. In his defence under section 313 Cr. P. C. he admitted that the deceased was his Jija and that for 12 days prior to the incident he was residing with and messing together with the deceased in the latters residence who was working as peon -cum -chowkidar in Government Middle School, Talmehra since 1968. Thereafter he admitted to have left for Bombay since after August 22, 1972 where he worked as a labourer According to him, his brother -in -law used to take tea and make purchases from the shop of P. W> Ranjit Singh and was acquainted with him as also other co -villagers On the previous day when he left for Bombay, he alongwith his brother -in -law attended a community feast in an adjoining village wherefrom the latter left for village Karoh directing him (the accused) to await his (the deceased) arrival at the shop of Rattan Singh PW 7 which instructions were accordingly complied with. The underlying reason for suddenly leaving Talmehra was initially the search of his brother -in -law and on remaining unsuccessful in this respect he, a school student, left for Bombay to avoid being beaten up by his brother, a military personal because of having failed twice in 7th Class He, however, admitted having surrendered himself before J » M. I. C , Una in June 1982 in this case.