STATE OF HIMACHAL PRADESH Vs. YASHPAL SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 31.7.2002 passed by the learned Additional Sessions Judge, Una whereby he acquitted the accused Yashpal Singh @ Jaspal Singh of having committed the murder of one Subhash Chand.

(2.) THE prosecution story, in brief, is that on 3rd August, 1998 P.W. -2 Nanak Chand, brother of deceased Subhash Chand, lodged a complaint with the police. According to this complaint, on the previous evening i.e. 2.8.1998 his brother Subhash Chand had come to the house alongwith one boy and stated that he was going to attend a marriage party. On the next morning at about 5.30 a.m. one Babli (not examined), an employee of the Electricity Department, informed the complainant Nanak Chand that the body of his brother Subhash Chand was lying on the road near Balkholi. On getting this information, Nanak Chand alongwith Babli reached the spot where one Smt. Kamla Devi had also reached. They came to know that Subhash Chand had accompanied the Barat of Sukh Dev to village Malangar. Since the body of the deceased had injuries on it, the complainant Nanak Chand suspected that his brother had been murdered by some persons and lodged the F.I.R. Ext. PE under Section 302 of IPC.

(3.) THE prosecution version is that at Thandi Koohi, the deceased Subhash Chand boarded Tempo No. HP -20 -1430 being driven by accused Gurmeet Singh and they went towards Thana Kalan. Accused Yashpal who was driving the other Tempo No. HP.20 -5610 also went towards Thana Kalan. It is alleged that the deceased told the two persons i.e. Yashpal and Gurmeet Singh that he had some intimacy with some woman and agreed to procure that woman for them for immoral purposes. He, therefore, went to bring this woman from village Teehra. Both the tempo drivers also took their tempos and parked the same at a distance of about 1 Km from Teehra. Accused Yashpal allegedly gave Rs. 100/ - to the deceased for the purpose of getting the woman. After 10 minutes, deceased Subhash Chand came back and told the two persons that some more money was required but they refused. He again went back to procure the woman but came back empty handed and demanded more money.