STATE OF HIMACHAL PRADESH Vs. SUKH DEV SINGH

JUDGEMENT

(1.) STATE has come in appeal against the judgment dated 26.6.2001 rendered by the learned Sessions Judge, Solan in Session Trial No. 6-S/7 of 2000 whereby the accused, who were charged with and tried for offences punishable, under sections 307 and 392 read with section 34 of the Indian Penal Code, have been acquitted.

(2.) CASE of the prosecution, in a nutshell, is that one Jagdish Sharma (PW-2) was the owner of Maruti car bearing registration No.PB-08Y-0295. He sent his driver Ravinder Kumar (PW-1) to Chandigarh to bring back his mother-in-law. PW-1 Ravinder Kumar was signalled to stop by the accused. They took lift upto Chandigarh. Accused stayed for the night at Amar Hotel, Chandigarh. PW-1 also stayed with them at Amar Hotel. On 13.7.1999, accused offered a glass of cold drink to PW-1. He consumed it and lost his consciousness. Thereafter accused took charge of the vehicle and in the evening the same was handed over to Ravinder Kumar. Thereafter, accused asked Ravinder Kumar to take the car to Garkhal near Kasauli. He was caught hold by accused Sukh Dev Singh and accused Rajinder blind folded him with handkerchief. Thereafter, his head was covered with towel. His hands and legs were tied with rope and he was rolled down the hill. He managed to untie himself and informed PW- 2 Jagdish Sharma. F.I.R. Ex.PA was got registered on 17.7.1999 at Police Station, Kasauli by PW-2 Jagdish Sharma. The matter was investigated and the challan was put up after the completion of codal formalities. Accused were charged with for offence punishable, under sections 307 and 392 read with section 34 of the Indian Penal Code.

(3.) MR. Malay Kaushal appearing vice counsel for the accused has supported the judgment 26.6.2001.