STATE OF H P Vs. DARSHAN KUMAR

JUDGEMENT

(1.) STATE has challenged the acquittal of the respondents passed by the learned trial Court, in Sessions case No. 53-S of 1995, decided on 28.2.1997, for the offences punishable under Sections 302, 392 read with Section 34 Indian Penal code, in the present appeal, allegedly committing the murder of late Shri Om Parkash Banga and robbery of Jewellery from his residence. (A) BACKGROUND OF THE CASE. 1. Shri Om Parkash Banga (deceased) was running business in his five storied building in Naya Totu Bazar. He had a cloth shop abutting his residence; where he was living in the said accommodation with his wife PW 4 Smt. Sudershan Banga, one unmarried daughter and son PW3 Avinash Banga, a school going son. His elder daughter Sangeeta was already married at Ambala to PW7 Harish Kumar. On 24.4.1995 Smt. Sudarshana Banga had gone to Ambala to drop her daughter Sangeeta in the house of her in-laws along with another daughter, leaving behind her husband Om Parkash Banga and his son PW3 Avinash Banga. In their absence on 26.4.1995, Shri Om Parkash Banga was found murdered. His dead body was lying in the bed room. The music sound system was going on high pitch. (B) POSECUTION STORY.

(2.) IN nutshell, prosecution story goes on like this. Accused respondent Darshan Kumar was a client of the deceased and had been occasionally visiting his work place. On 26.4.1995, at about 8. 45 Am., he along with his friend Surjeet Kumar accused visited the business premises of deceased Om Parkash at Naya Totu. At that time, the door of the shop was open but he was in the kitchen, preparing break-fast for his son who, at that time was a student of 9th standard and was to go to his School. Darshan Kumar had borrowed some money from the deceased and was to settle the accounts with him. The deceased told him to wait for sometime in the drawing room and both of them kept sitting there and he went to kitchen to prepare the breakfast for himself and his son.

(3.) ON 28.4.1995 respondent Darshan Kumar was arrested by the police and bill Ext. PW7/F with respect to dry cleaning of the jacket was recovered from the possession of the said respondent. During his interrogation by PW22 Inspector Jeet Ram, he made a disclosure statement Ext.PW5/A in the presence of PW5 Sain Ram and PW7 Harish Kumar to the effect that he had kept concealed his blood stained shirt Ext. P14 in the bushes at Chakkar by-pass road and Mufflar (scarf) Ext. P19 in the area of Bemloe which was used to strangulate the deceased. He could recover the same. Pursuant to the said disclosure statement, the above articles were got recovered. The bill Ext. PW7/F recovered from the possession of Darshan Kumar pertained to M/s Lal and Sons dry cleaners, whereby he had given his Jacket Ext. P20 for dry-cleaning on 26.4.1995. It was taken into possession from them vide memo Ext. PW7/E.