STATE OF HIMACHAL PRADESH Vs. RAJINDER ALIAS JAGDISH

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on the intervening night of 17th & 18th Dec., 2003, the accused was put to trial. In terms of judgment dated 3rd March, 2005, passed by learned Sessions Judge, Una, in Sessions Case No.9 of 2004, titled as State of Himachal Pradesh Vs. Rajinder alias Jagdish , the accused stands acquitted of the charged offences.

(2.) It is the case of the prosecution that Shri Ajay Kumar Sharma (PW-1), a Katha contractor, was running his factory at Karloohi. He had engaged about 40-50 labourers/workers, including Shri Kewal Mohammed (PW-2), Shri Sher Mohammed (PW-3), Shri Kuldeep Kumar (PW-5), Shri Bachittar Singh (PW-6) and Shri Yog Raj. The accused Shri Rajinder alias Jagdish, who hailed from a neighbouring State, i.e. Uttar Pradesh, was also employed by him as labourer. Shri Bhim Singh, brother of the accused and other members of the family were also employed by Shri Ajay Kumar Sharma. The accounts/finances of the factory were being managed by Shri Bachittar Singh (PW-6) and deceased Shri Ram Kishan. On 17th Dec., 2003, Shri Ajay Kumar Sharma brought Rs. 4,00,000.00 in his vehicle driven by Shri Kuldeep Kumar to the factory. He asked Shri Kuldeep Kumar to hand over the same to Shri Ram Kishan and Shri Bachittar Singh. Certain plastic containers had also purchased by Shri Ajay Kumar Sharma, which were to be unloaded in the factory premises. Shri Kuldeep Kumar handed over Rs. 4,00,000.00 to the deceased, who counted the currency notes and at the time accused was seen unloading the containers from the vehicle, who also saw the deceased counting the currency notes. In the evening Shri Kuldeep Kumar left for his house and deceased kept the currency notes in the trunk lying in the office, which was duly locked by him. Shri Ram Kishan kept the key of the lock with himself. At night, after finishing their work, labourers went to their hutments, which were nearby. Accused went to sleep on the upper floor of the office of the factory. In the morning of 18th Dec., 2003, Shri Kewal Mohammed (PW-2) asked his son Shri Sher Mohammed (PW-3) to collect Rs. 1,00.000.00 from the deceased, as the same were to be handed over to one Shri Kapoordin at Bankhandi, as per instructions of Shri Ajay Kumar Sharma. Shri Sher Mohammed noticed that deceased not responding to his calls. Accordingly he went to the room of Shri Bachittar Singh (PW-6), which was bolted from outside. After opening the bolt of the door, both he and Shri Bachittar Singh went to the room of the deceased where they saw the deceased lying in an injured condition, with blood oozing out from his nose. The trunk in which money was kept was lying open. They informed Shri Ajay Kumar about the same, who informed the police on telephone, and entry in the rojnamcha was got recorded. A police party headed by Shri Diwan Chand (PW-11), SI/SHO of Police Station Amb reached on the spot. Shri Diwan Chand (PW-11) recorded statement of Shri Ajay Kumar Sharma under Sec. 154 of the Code of Criminal Procedure (Ex. PA), on the basis of which FIR No. 274/03 dated 18th Dec., 2003 (Ex. PM) under Sections 302, 457, 458 and 380 of the Indian Penal Code was registered at Police Station Amb, District Una, H.P. The dead body of Shri Ram Kishan was sent for postmortem, which was conducted by Dr. D.K. Sharma (PW-12), who issued report (Ex. PN). The report of the Forensic Science Laboratory (Ex. PL) was also obtained by the police and the doctor eventually opined that the deceased died on account of asphyxia due to throttling. Further investigation revealed that the accused first murdered Shri Ram Kishan and after taking the keys of the trunk opened the lock of the trunk and took away part of the cash which he hid at a nearby place. He stolen a sum Rs. 3,65,000.00 out of Rs. 4,00,000.00 lying in the trunk. The accused was arrested on 23rd Dec., 2003 on which date he made disclosure statement (Ex. PC) in the presence of Shri Jawahar Lal (PW-9) and then led the police to the nearby place where he had hidden the currency notes, which were recovered in the presence of Shri Suresh Kumar (PW-8) and Shri Sudharshan Kumar (PW- 10). Currency notes, two locks and keys, which were got recovered by the accused, were taken into possession by the police.

(3.) With the completion of investigation, challan was presented in the Court for trial. Accused was charged for having committed offences punishable under Sections 458, 457, 302 and 380 of the Indian Penal Code, to which he pleaded not guilty and claimed trial.