STATE OF HIMACHAL PRADESH Vs. MUNSHI RAM

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure against the judgment dated 31.8.2000 passed by Additional Sessions, Mandi, H.P., thereby acquitting the Respondents/accused for offence under Section 302, 201 read with Section 34 of the Indian Penal Code.

(2.) COMPLAINANT Smt. Leela Devi, Wd/o Sh. Nota Ram made a complaint that her husband Nota Ram (deceased) was employed at Shahpur Kandi, Pathankot and on 29.12.1992, her husband had come to home and on 7.1.1993, he had gone to Mandi in connection with his personal work, but did not turn up. However, she thought that her husband had gone to some relations. On 11.1.1993, P.W. 2, Smt. Leela Devi had gone to Ghatta to invite her daughter, Smt. Meera Devi, P.W. 7 on the occasion of Lohri Festival, from whom Smt. Leela Devi, P.W. 2 inquired about Nota Ram and it was revealed that on 7.1.1993, Nota Ram had visited the house of Munshi Ram and had taken liquor with Munshi Ram at his house and while sitting in the upper storey of the house of Munshi Ram, Nota Ram was served meal by Murari and thereafter he went to some other place. However, whereabouts of Nota Ram was not known, thereafter, on search his dead body was recovered on 16.1.1993 in the ground of Village Ghatta. Coat, muflar and shoes were lying near the dead body and the recovery of dead body and articles were witnessed by P.W. 1, Sh. Baldev Chand. After investigation, the accused persons were charged for the offences under Section 302, 201 read with Section 34 of the Indian Penal Code. The report under Section 154 of the Indian Penal Code was lodged by Smt. Leela Devi, P.W. 2, wife of Nota Ram (deceased).

(3.) ON analysis of the prosecution witnesses, we notice that P.W. 1, Sh. Baldev Chand is the witness of dead body and the articles seized by the police officials.