STATE OF HIMACHAL PRADESH Vs. BALBIR SINGH

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment and order dated 01.02.2001, passed by the learned Additional Sessions Judge, Shimla, District Shimla, H.P. in sessions Trial No. 27 -S/7 of 2000, acquitting the Respondent -accused for the offence under Section 302 of the Indian Penal Code.

(2.) ACCORDING to the prosecution, on 22.07.2000 Milkhi Ram (deceased) was seen accompanying accused Balbir Singh under the influence of liquor, quarreling with each other. On the next day, i.e., on 23.07.2000, at about 4 p.m., they were again seen by PW -2 (Hiru Ram) under the influence of liquor abusing each other. However, on the same day, i.e., 23.07.2000, Milkhi Ram was found dead. Investigation was made and formal FIR, Ex. PW -12/A, was registered. Disclosure statement, Ex. PW -5/A, of Balbir Singh was recorded after his arrest in presence of PW -5 (Rajinder Singh) and Chet Ram and recoveries were made. Postmortem of the deceased was conducted. After completion of investigation accused -Respondent was charged for the offence under Section 302 of Indian Penal Code.

(3.) PW -1, Dr. Dalip Tekta, conducted the postmortem examination of the deceased. PW -2 (Hiru Ram), PW -3 (Sanjay) and PW -4 (Dinesh Kumar) witnessed the deceased lying dead on the road side. These witnesses also noticed the deceased and the accused a day earlier when they were under the influence of liquor and abusing each other. PW -5 (Rajinder Thakur) is a witness of disclosure statement, PW -5/A, made by accused Balbir Singh and consequently got recovered the purse, Ex. P -1, vide seizure memo, Ex. PW -5/B, muflar, Ex. P -2, wrist watch, Ex. P -3, and Pattu, Ex. P -4, recovered vide seizure memo, Ex. PW -5/C and currency notes of denomination of Rs. 50/ - and '. 100/ - Ex. P -5 and Ex. P -6, respectively recovered vide seizure memo Ex. PW -5/D.