STATE OF HIMACHAL PRADESH Vs. RAVISH KUMAR

JUDGEMENT

(1.) THIS is an appeal filed by State of Himachal Pradesh under Section 378 of the Cr.P.C. against the judgment, dated 5.7.2003, passed by learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, H.P., vide which the respondents were acquitted of the charge framed against him under Sections 302 and 201 of the IPC.

(2.) THE prosecution story in brief is that on 19.11.2001, at 4.50 p.m. a report was lodged with the police by Pradhan, Gram Panchayat, Kothi. In the said report, he alleged that today at 4.15 p.m., he had received a telephonic message from Naresh Kumar, Headmaster, that a dead body of one person was lying in the septic tank adjoining the school. On this report, a case was registered. THE dead body was identified to be that of one Sanjeev. A case was registered by the police. During investigation, the accused were arrested and some recoveries were effected on the basis of the disclosure statement made by the accused. After investigation, the challan was filed before the Court of the learned Chief Judicial Magistrate, Kinnaur at Reckong Peo, who committed the case to the learned Sessions Judge. THE learned Sessions Judge tried the respondents, as detailed above, leading to their acquittal.

(3.) ON appraisal of the record of the case, it is clear that the prosecution had examined 19 witnesses in all to substantiate their case. The Headmaster Naresh Kumar, who gave information to the Pradhan, on the basis of the which the FIR was registered, has been examined as PW-1, who stated that on 19.11.2001 at 3.35 p.m., he was informed that a dead body was lying in the septic tank situated nearby the school and he telephonically informed Pradhan Harish. The dead body was identified by the villagers to be that of one Sanjeev. The father of the deceased Sanjeev, namely Vidya Singh has been examined as PW-5, who stated that he sent his son Sanjeev Kumar to perform prayer ceremony in the temple where he was working. His son did not return during the night. ON the next day, he learnt that a dead body was found in the septic tank and he identified the dead body to be that of his son. Gunny bag and shoes were sealed lying nearby and were taken in possession vide seizure memo Ext.PW-5/A. He stated that co-accused Ravish Kumar and his son were having cordial relations. Rajesh Kumari and her brother Shesh Ram were also known to him. He stated hat his deceased son had told him that Ravish Kumar used to visit the house of Rajesh Kumari. He also told him that he had asked Ravish Kumar not to visit the house of Rajesh Kumari because her character was not up to the mark. He further stated that Ravish Kumar intended to marry Rajesh Kumari.