STATE OF HIMACHAL PRADESH Vs. NARINDER SINGH

JUDGEMENT

(1.) THIS is an appeal filed by State of Himachal Pradesh under Section 378 of the Cr.P.C. against the judgment of the court of learned Additional Sessions Judge, Solan, dated 30.5.2003, vide which he acquitted the respondents of the charge framed against them under Sections 304, 201/34 IPC.

(2.) BRIEFLY stated, the facts of the case are that on 18.8.1998, in the morning, Shiv Dev Singh, father of Prital Singh (now deceased), went to the house of Jasbir Singh and enquired about his son Pritpal Singh. The said Jasbir Singh informed him that on the previous night at about 9.00 p. m., the deceased had gone towards his house and when they searched for the deceased Pritpal Singh, his dead body was found in the fields. There were no apparent injuries on the body of the deceased. A report was lodged with the police and the case was registered. After registration, the investigation of the case was conducted and the police concluded, on investigation, that the respondents had put the eclectic wire in their maize fields for the purpose of killing pigs and they had voluntarily and intentionally placed the electric wire in their field with the knowledge that it was likely to cause death of any person. It was, therefore, concluded that the death has taken place due to placing of the electric wire which was connected with the tube well and electric current was given to the wire from the tube well and when the deceased Pritpal Singh @ Bilu was coming to his house on the same way, his body touched the electric wire, who resultantly died. It was also concluded that the accused persons had attempted to cause disappearance of the evidence of the commission of the offence with the intention of screening offender from the legal punishment.

(3.) WE have heard Mr.Rajesh Mandhotra, learned Deputy Advocate General for the appellant - State and Mr.Abhishek Sood, Advocate, for the respondents, and have gone through the record of the case.