STATE OF HIMACHAL PRADESH Vs. GURCHARAN SINGH

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 10.11.2001, accused were put to trial. In terms of judgment dated 15.11.2004 passed by learned Sessions Judge, Bilaspur, in Sessions Trial No. 12 of 2002 titled as State of H.P. vs. Gurcharan Singh & Ors., accused stand acquitted of the charged offences.

(2.) IT is the case of prosecution that deceased Gurdev Singh had gone to attend the wedding of his relative at Sundernagar on 9.11.2001. They were traveling in TATA Summo driven by Shri Swaran Singh (PW -2). In the vehicle, 11 persons were sitting including the accused i.e., Gurcharan Singh (accused No. 1), Salinder Singh (accused No. 2), Mehar Singh (accused No. 3), Sodhi Singh (accused No. 4) and the deceased. On account of misconduct of the accused persons, as they misbehaved with the lady passengers, quarrel took place amongst the occupants of the vehicle. The vehicle had to be stopped which resulted into blockade of traffic. The occupants of the vehicle got down from the vehicle and the accused gave beatings to the deceased. Thereafter, PW -2 was asked to take the vehicle ahead over a distance of 1 kilometer. When he returned, he only found the accused to be present on the spot and blood was splattered all over on the ground. The deceased was missing. Since deceased did not return home from the wedding, his family members searched for him and on 11.11.2001, the dead body of the deceased was found by his brother Sh. Ajit Singh (PW -1) lying below a "Dhank" (cliff). Wrist watch and shoes of the deceased were found lying to the dead body. PW -1 reported the matter to the police and daily diary entry (Ex.PA) was made by Sh. Parkash Chand (PW -14). Police machinery swung into motion and statement of PW -1 was recorded by the police, on the basis of which, FIR No. 336 of 2001 dated 13.11.2001 (Ex.PW -15/A)was registered by S.I. Mast Ram (PW -15)at Police Station, Sadar, District Bilaspur. A.S.I. Ramesh Chand (PW -16) conducted the investigation. He retrieved the dead body from the spot which was sent for postmortem to the Zonal Hospital at Bilaspur where Dr. Amarjit Singh (PW -8) conducted the postmortem and issued postmortem report (Ex.PO) with final opinion (Ex.PP). As per the report, deceased died due to asphyxia as a result of head injury after consuming alcohol. Statements of the relevant witnesses were recorded. Matter was fully investigated and challan was presented in the Court for trial. Police found that deceased was murdered by the accused who had thrown the dead body below the "Dhank".

(3.) IN order to establish its case, prosecution examined as many as 17 witnesses and statements of the accused under Section 313 Cr.P.C. were also recorded.