STATE OF HIMACHAL PRADESH Vs. BALDEV RAJ

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment, dated 15.1.2003, delivered in Sessions Trial No. 14 -S/7 of 2002, by the learned Sessions Judge, Solan, H.P., whereby he acquitted the accused persons of having committed offences punishable under Sections 302, 201 read with Section 34 of the IPC. The prosecution story in brief is that on the evening of 4.10.2001 accused Baldev Raj alongwith Jagdish Chand (since deceased) and the victim Tej Singh (deceased) consumed liquor in the residence of Jagdish Chand. During this drinking session, some altercation arose between them and Jagdish Chand and Baldev Raj used a G.I. pipe and beat Tej Singh mercilessly. Tej Singh went to the room of Sant Ram and lay down on the bed. When Sant Ram accused realized that Tej Singh had been beaten up, he went to the quarter of Jagdish Chand and asked him to bring back Tej Singh to his quarter. In the meantime, Tej Singh died and then all the three accused with the intention of giving an impression that the deceased had died an accidental death dragged his body to the stairs near the Rest House Arki and placed it on the stairs near the Arki Manjoo road.

(2.) INFORMATION in regard to the dead body being found was received in the Police Station Arki in the morning at 7.55 a.m. on 5.10.2001 when Shri D.P. Thakur, the then M.L.A. Arki, telephonically informed the police which information was duly recorded in the daily diary (Ext. PS). Thereafter, PW -20 S.I./SHO Ashok Kumar proceeded to the spot and noticed a head injury on the person of Tej Singh. Blood stains were found on the stairs and a trail of blood led towards the residence of accused Sant Ram. Blood stains were also found on the floor of the house of accused Sant Ram. In the room of Sant Ram, a plastic tub containing a pant, shirt, pillow covers, white handkerchief, towel and bed sheet (Ext. P -1 to Ext. P -7) were found. These articles had been soaked in water and the water in the tub had turned blood red. A bundle of 'bidis ' Ext. P -4 was also found and there were some marks showing that a body had been dragged from the room of Sant Ram, Chowkidar, to the place where the dead body was found. Abrasions were also found on the dead body of the deceased. The broken leg of the chair having blood stains and human hair was found lying in the room of accused Sant Ram.

(3.) THE dead body of the deceased was sent for postmortem, which was conducted by Dr. Sant Lal Sharma PW -16, who vide his postmortem report Ext. PP opined that the deceased died due to the head injury leading to intra cranial injuries and intracranial haemorrhage within six hours from sustaining the injuries and the head injuries could be caused by a blunt weapon. Thereafter, during investigation the police found that the deceased Tej Singh, accused Jagdish Chand (since deceased) and Baldev Raj had consumed liquor and thereafter, an altercation had taken place where Jagdish Chand bludgeoned the deceased to death. As far as accused Sant Ram is concerned, the only charge against him is that he had helped in destroying the evidence of murder by dragging the body and attempting to wash the clothes etc. The accused were challaned for having committed the offences. After trial, they have been acquitted and hence this appeal by the State.