STATE OF HIMACHAL PRADESH Vs. DAULAT RAM SON OF SHRI DEVNU RAM, RESIDENT OF VILLAGE BAMTA, P.O. & TEHSIL CHOPAL, DISTT. SHIMLA, H.P.,

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed in the night of 2.10.1999, accused were put to trial. In terms of judgment dated, 22.12.2004, passed by the Ld. Sessions Judge, Shimla, Distt. Shimla, H.P. in S. Trial No. 22 -S/7 of 2004, titled as Sate of H.P. versus Daulat Ram and others, under Sections 302, 201 and 382 read with Section 34 of the I.P.C., all the accused persons stand acquitted of the charged offences. It is the case of prosecution that on 5.10.1999 S.H.O. Bidhi Chand (PW -20) was informed by Sh. Mohan Lal that dead body of a person is lying on the cliff near village Bharanu. PW -20 proceeded to the spot and saw the dead body lying below the path at a distance of 300 yards from village Bharanu. Spot was got photographed and inquest reports (Ext. PY and PZ) prepared. The dead body was found to be in a decomposed position and also eaten by animals. Sh. Relu Ram (PW -10) identified the dead body to be that of his brother Sh. Ratti Ram. Police collected personal belongings of the deceased i.e. umbrella (Ext. P -6), spectacles (Ext. P -7), watch (Ext. P -5) and clothes (Ext. P -1, P -2 and P -3) found lying near the spot. Body was got lifted and brought to the road side. Since it was difficult to take the same to the hospital, Dr. Ashok Pawar (PW -21) from Primary Health Centre, Nerwa was called and post mortem examination got conducted on the road side in the presence of witness Liaq Ram (PW -24). Post mortem report (Ext. PAA) based on the opinion given by Dr. Ghosh, was taken on record. On 8.10.1999 Sh. Roshan Lal (PW -1) son of the deceased lodged complaint (Ext. PA) with the police on the basis of which ASI Jodha Ram (PW -16) registered F.I.R. 123/99 (Ext. PT), dated 8.10.1999 at Police Station Chopal, under Sections 302 and 382 IPC. SHO Bidhi Chand (PW -20) continued investigation till the time it was taken over by Inspector Keshav Ram (PW -25), whose investigation revealed that accused Roshan Lal on 2.10.1999 itself had made an entry in his register that Sh. Ratti Ram had died which entry was subsequently scored off. Investigation also revealed that all the three accused persons namely Daulat Ram (accused No. 1), Jeet Singh (accused No. 2) and Roshan Lal (accused No. 3) and Sh. Ratti Ram after collecting their monthly salary at the Range Office Tharoch on 2.10.1999 came to the Forest Rest House Tharoch from where same day they left together at about 5 - 5.30 p.m. in the company of each other. Deceased whose native place is Bharanu was to go to Poanta. On suspicion, Inspector Keshav Ram (PW -25) arrested the accused on 27.4.2000. During investigation, on 2.5.2000 accused Daulat Ram made disclosure statements (Ext. PC, Ext. PD, Ext. PE and Ext. PF) in the presence of independent witness Sh. Gopal Singh (PW -3). In effect investigation revealed that after leaving the Rest House at Tharoch deceased and the accused together consumed liquor in the hotel of Smt. Kali Devi at night. Thereafter accused killed the deceased, robbed him of his money and threw the body down the cliff. Danda (Ext. P -4) with which blow was given on the head of the deceased was also concealed by accused Daulat Ram. Further during investigation accused Daulat Ram identified the spot where body was disposed off, the place where they consumed liquor. He also got the danda recovered. All this was done in the presence of Sh. Gopal Singh (PW -3). Police also collected tour diaries of the accused persons, employees of the Forest Department, who were also colleagues of the deceased. With the completion of investigation challan was presented in the Court for trial.

(2.) ACCUSED were charged for having committed offences punishable under Sections 302, 201, 382 all read with Section 34 IPC, to which they did not plead guilty and claimed trial.

(3.) COURT below acquitted the accused of the charged offences, hence the present appeal.