STATE OF HIMACHAL PRADESH Vs. SH. GURCHARAN SINGH

JUDGEMENT

(1.) THE State has appealed against the judgment of the learned Additional Sessions Judge, Solan, acquitting the respondents herein, who were charged for commission of offences under Sections 302,392,120B and 420 I.P.C. The prosecution case in brief is that both accused, who were residents of village Nadali, Police Station Plath, District Kapurthala (Punjab), committed the murder of Darshan Lal and Kulwant Singh. PW26 Inspector, Padam Chand was informed on telephone by an unknown person that there was a dead body lying under the culvert near Solan -Brewery. He entered this information in the daily diary report Ext. PW26/A and rushed to the spot along with a police party. There, to his surprise, instead of one he found two dead bodies under the culvert. He found the bodies wrapped in a blanket and tarpaulin. Those bodies were photographed and the photographs were proved as Ext.PW13/A to Ext.PW13/H; inquest report was prepared and proved as Ext.PW26/B and Ext.PW26/C. The personal search of the bodies was carried out and one receipt bearing No. 6353 Ext.PW26/D of the toll tax barrier was recovered from the dead body of one Sikh gentleman. Some slips Ext.PW26/E and Ext.PW26/D were also recovered. The bodies were sent for post mortem and then handed over to the Municipal Committee for cremation. The prosecution case is that the bodies were decomposed and could not be identified. After the receipt of post mortem report Ext.PW14/A and Ext.PW14/A -1, F.I.R. No. 33/93 Ext.PW26/H was registered.

(2.) THE case of the prosecution is that PW25 ASI Sh. Gurdeep Singh was deputed to investigate the case who found that the accused had been seen on 14.2.1993 travelling towards Panchkula in truck No. HIA -6353 which was being driven by accused Gurcharan Singh and his co -accused Amrik Singh, was sitting with him. PW7 Amrik Singh, who was driver of truck No. HP -20 -1481, started from Jharia coal fields loaded his truck with coal and proceeded towards Solan. On 14.2.1993 when he reached Solan Brewery, he saw the truck driven by Gurcharan Singh being unloaded. According to him, accused Gurcharan Singh helped him by providing assistance by pulling his truck with a tow chain on the steep incline. On 2.3.1993, the police received information that both accused have been arrested in Punjab at Kapurthala. They rushed there and obtained the custody of the respondents, who were accused for committing the murders. The case of the prosecution is based on a number of circumstances which according to it makes the chain so complete and impregnable that it leads to no other conclusion except the guilt of the respondents. These circumstances as urged by the prosecution are that: Accused were last seen with truck No. HIA6353 and going towards Panchkula on 14.2.1993. Owner of the truck Darshan Lal was last seen with truck HIA 6353 at Jharia on 12.2.1993 while loading coal along with PW7 Amrik Singh who also loaded his truck with coal. Darshan Lal deceased started for Solan earlier and when the truck reached at Solan Brewery the same was in possession of accused Gurcharan Singh being driven by him.

(3.) ACCUSED were arrested by the police of police station, Palath on 2.3.1993 at about 7.50 p.m. along with stolen truck.