STATE OF H P Vs. PARSHOTAM LAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 06.05.2004, passed by the learned Presiding Officer, Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, H.P. in Sessions Case No. 75-K/VII/03, whereby the respondent Parshotam Lal, who was charged with and tried for an offence under Section 302 of the Indian Penal Code, has been acquitted.

(2.) CASE of the prosecution, in a net-shell, is that on 05.01.2003, Suresh Kumar, younger brother of PW-5, Som Raj, told him that he alongwith accused Parshotam Lal was going to see off Roshan Lal. All of them were under the influence of liquor. He requested Suresh Kumar not to go, however, Suresh Kumar went with Roshan Lal and Parshotam Lal. At about 12:30 a.m., his mother got up and enquired about Suresh Kumar. Thereafter, he alongwith his wife, PW-8, Nikko Devi and mother (PW-6) went in search of Suresh Kumar. Accused Parshotam Lal was seen coming from the opposite direction. He asked about the whereabouts of Suresh Kumar. He told that Suresh Kumar was following him. Thereafter, PW-8, Nikko Devi also enquired from Parshotam Lal about the whereabouts of Suresh Kumar. Parshotam Lal told that Suresh Kumar has fallen down from bridge. Thereafter, accused left towards his house. He alongwith PW-6, Satya Devi, PW-8, Nikki Devi went towards bridge. They found that Suresh Kumar was lying on the side of Khad and his face was in the water. They tried to revive him. However, Suresh Kumar was dead. He left his mother and wife there and went to the house of Parshotam Lal and enquired from him who had killed Suresh Kumar. He insisted Parshotam Lal to accompany him. Accused did not accompany PW-5. He came back to the spot and removed Suresh Kumar to his house. He informed his relatives. Suresh Kumar had been working at the house of accused Parshotam Lal, owned him a sum of Rs.2,000/- towards his wages. The accused has also picked up quarrel with Suresh Kumar. On the basis of this statement, a ruka was sent for registration of the case. The F.I.R. was registered. The inquest report was prepared. The post mortem was conducted by Dr. A.K. Sharma vide report Ex. PW-4/C, dated 06.01.2003. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) MR. Vivek Singh Thakur, learned Additional Advocate General has strenuously argued that the prosecution has proved its case against the respondent. According to him, the learned trial Court has not correctly appreciated the statements of material witnesses, PW-5, Sh. Som Raj, PW-6, Smt. Satya Devi, PW-7, Sh. Roshan Lal, PW-8, Smt. Nikko Devi, PW-11, Sh. Brij Lal and PW-12, Sh. Raj Kumar.