STATE OF HIMACHAL PRADESH Vs. SANTI DEVI

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 9.6.2005 delivered by the learned Presiding Officer, Fast Track Court, Mandi, whereby he acquitted the accused of having committed offences punishable under Sections 302 and 201 of the Indian Penal Code. Briefly stated the prosecution story is that accused Santi Devi was having an affair with Gauri Dutt (deceased). On 1st February, 2001 Gauri Dutt went to the house of the accused at village Sakrod at about 7.45 pm. PW-3 Dile Ram and his wife PW-4 Kanhi Devi, who are neighbours residing at a distance of about 30-35 feet, heard the cries of some man from the house of Santi Devi at night. In the morning on 2nd February, 2001, the dead body of Gauri Dutt was seen lying in his fields by PW-3 Dile Ram. The dead body had injuries on the head and face. Thereafter PW-3 Dile Ram informed PW-2 Mangat Ram as well as PW-1 Purshotam, father of the deceased. PW-2 Mangat Ram gave telephonic information to the police, which was recorded in the daily diary report Ext. PW-10/A. PW-14 Dharam Chand, SHO, Police Station Gohar alongwith H.C. Dilu Ram and two Constables went to the spot and the statement Ext. PW-1/A of PW-1 was recorded under Section 154 Cr.P.C. On the basis of this statement, FIR Ext. PW-10/ B was registered at Police Station, Gohar. Further investigation was carried out and the photographs of the dead body were taken. Blood stained soil, stone and leaves were taken into possession from the spot, where the dead body was found and seized vide memos Ext. PW-2/A and Ext PW-2/B. The blood lying at the spot near the dead body was also taken into possession in a plastic Jar vide memo Ext. PW-14/C and spot map Ext. PW-14/D was prepared by the Investigating Officer.

(2.) The body of the deceased Gauri Dutt was sent for conducting the postmortem examination. PW-7 Dr. Jiwa Nand Chauhan carried out the postmortem examination and issued postmortem report Ext. PW-7/A and according to him the deceased died due to combined effect of head injury and multiple injuries on the other parts of the body. It is the further case of the prosecution that on 3rd February, 2001, the Investigating Officer found blood lying at a distance of every 10 feet on the path leading from the place where the body of Gauri Dutt was found to the house of the accused and fresh spot map Ext. PW-14/E was prepared in this behalf. The accused was arrested on 4th February, 2001 and thereafter on 6th February, 2001 she allegedly made a disclosure statement Ext PW-6/A and pursuance to this disclosure statement got recovered the 'Chimta' Ext. P-1, which is alleged to be the weapon of offence. The recovery was made in the presence of PW-8 and PW-13. Next day the accused allegedly identified the place of recovery of the dead body etc. She also made a disclosure statement with regard to clothes i.e. Salwar Ext. P-3 and Shirt Ext. P-2, which she was allegedly wearing at the time of murder. These were taken into possession vide seizure Memo Ext. PW-8/A. The prosecution case is that at the instance of the accused her shoes were seized vide memo Ext. PW-8/B alongwith rope Ext. P-5 which was seized vide Memo Ext. PW-8/C. The prosecution case is that the accused was wearing these clothes and shoes at the time when she murdered the deceased. Further the case of the prosecution is that rope Ext. P-5 was used to tie the deceased and drag his body to the fields of Dile Ram. During the course of investigation, the police also allegedly recovered a wooden plank Ext. P-7 containing stains of blood which was recovered from the cowshed of the accused. The chappal of the deceased Ext. P-8 was allegedly recovered from the bushes as a result of search and this chappal was identified to be that of the deceased by PW-1 vide memo Ext. PW-8/G. The statements of the witnesses were recorded and after completing the investigation, the accused was charged with having committed the offences aforesaid. His case was of denial simplicitor. The learned trial Court acquitted the accused. Hence this appeal by the State.

(3.) It is not disputed that the deceased was murdered. The medical evidence of PW-7 Dr. Jiwa Nand Chauhan is very clear that the deceased died due to ante mortem injuries which he suffered. The only question is - who killed the deceased? Nobody has seen the offence being committed and therefore, the entire case of the prosecution is based on circumstantial evidence.