STATE OF HIMACHAL PRADESH Vs. PARVEJ KHAN @ LUCKY

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 16.09.2005, passed by the learned Sessions Judge, Bilaspur, Himachal Pradesh in Sessions Trial No. 11 of 2003, whereby the respondents, who were charged with and tried for offence under Sections 302 and 201 read with Section 34 of the Indian Penal Code, have been acquitted.

(2.) CASE of the prosecution, in a nut-shell, is that on 13.07.2002, Shri Sita Ram (PW-2), Up Pradhan, Gram Panchayat, Binola telephonically informed the police that dead body of a person and a scooter was lying below National Highway at Sungal area. SI/SHO entered report No. 11, Ex.-PZ and to verify the information, the SHO alongwith police officials reached the spot. The person was found dead with injuries on his person. Shri Shyam Lal Panwar (PW-1) had also been sent for. Shri Shyam Lal Panwar had identified the dead body that of his son. The statement of Shri Shyam Lal Panwar (PW-1) was recorded vide Ex.-PA. He informed the police that on the intervening night of 12/13.07.2002, his son was not present at his house and has gone out on a Scooter at about 10:00 p.m. after taking his dinner and had not returned. He has also informed that some unknown person has committed the murder of his son and in order to conceal the same, has thrown his dead body and scooted below the National Highway in a steep gradient (dhank). SHO made the necessary endorsement on Ex.- PA and sent the same to Police Station for registration of FIR. FIR Ex. PW-12/A bearing No. 259/2002, dated 13.07.2002 was registered. Police started the investigation. The inquest report was prepared. The dead body was sent for post mortem examination to Zonal Hospital, Bilaspur. The post mortem was conducted by PW-11, Dr. N.K. Sankhyan. According to the investigation, Shri Vishal Panwar was murdered elsewhere and his dead body alongwith scooter was thrown below National Highway. Shri Mohd. Aslam (PW-5) and Shri Imran Khan (PW-6) made statements to the Police under Sections 161 of the Criminal Procedure Code. According to them, Shri Vishal Panwar has been murdered by the accused in residential premises of Parvej Khan, resident of Village Behal Kandela and both the accused have lifted the dead body of Vishal Panwar and put the same on scooter and had taken the same near the area of Sungal Village near National Highway. They have thrown the dead body and the scooter from a steep gradient (dhank). Thereafter, the accused were arrested on 12.08.2002. The statements of the accused were recorded under Section 27 of the Indian Evidence Act. On the basis of the disclosure statements made by the accused, Kulhari (axe) and clothes were recovered. The Kulhari with other articles was sent for forensic examination. The investigation was completed and thereafter challan was put up after completing all the codal formalities.

(3.) WE have heard the learned counsel for the parties and gone through the records carefully.