STATE OF HIMACHAL PRADESH Vs. PAWAN KUMAR SON OF SADA RAM, CASTE KHATRI, RESIDENT OF VILLAGE SAMLOHAL, POLICE STATION TALAI, DISTRICT BILASPUR, H.P.,

JUDGEMENT

(1.) THIS is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of learned Sessions Judge, Bilaspur, dated 1.9.2003, vide which he acquitted the respondents of the charge framed against them under Section 302/34 I.P.C. Briefly stated, the facts of the case are that on 30.7.1996, at about 5.00 P.M., a statement under Section 154 Cr.P.C. was made to the police by one Santosh Kumar. He alleged that his younger brother Sanjeev Kumar was working as a Cleaner in a truck belonging to one Dila Ram. He had gone on the previous day on duty. On 29.7.1996, at about 9.30 P.M., one Madan Lal accompanied by his brother -in -law Rajender Pal came to his house and told him that the truck has met with an accident and his brother Sanjeev Kumar is admitted in Bilapsur Hospital in serious condition. When they reached Ghumarwin, he was told by Madan Lal that his brother Sanjeev Kumar had committed suicide. The said Madan Lal took him to a place near Nallah and the body of Sanjeev Kumar was found hanging on a tree. He alleged that his brother could not commit suicide and he expressed a doubt that he has been killed by Pawan Kumar etc. On this report, a case was registered and after investigation, the challan was filed before the Court of learned Sub Divisional Judicial Magistrate, Ghumarwin, District Bilaspur, who committed the case to the Court of learned Sessions Judge, who tried the respondents as detailed above, leading to their acquittal.

(2.) WE have heard the learned counsel for the parties and have gone through the record of the case.

(3.) ON appraisal of the record of the case, it is clear that the police came into motion on the report lodged by PW -1 Santosh Kumar, complainant and brother of the deceased. He has reiterated the facts as alleged in the report lodged with the police. He has further stated that when he reached the site of Nallah on 29.7.1996, at about 11.30 A.M., village people and police were already camping there.