NARESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant has filed the appeal, challenging the judgment/order dtd. 17/8/2018 and 24/8/2018, whereby he was convicted and sentenced, respectively, as under:- Ss. 302 & 364 read with Sec. 34 of Indian Penal Code : Imprisonment for life and to pay a fine of Rs.25,000.00each. Sec. 201 read with Sec. 34 of Indian Penal Code : Rigorous imprisonment for a term of seven years and to pay a fine of Rs.25,000.00 and in default of payment of fine to further undergo imprisonment for a term of six months.

(2.) Prosecution story, in brief, is that on the night intervening 13/4/2013 and 14/4/2013, appellant Naresh Kumar and his co-accused Vijay Kumar, had committed murder of Rajeev Kumar and had thrown the dead body on the Kalka-Shimla Railway Track near Taksal, KM No.3/7-8. Deceased Rajeev Kumar was residing with Rajesh Kumar in a rented room in the building of Shyam Lal. Rajeev Kumar went missing on the night of 13/4/2013 from his rented premises. On 19/4/2013, Mangat Ram (father of the deceased), received a letter from Balraj Engineering Works that his son was absent from duty w.e.f. 14/4/2013. Complainant made all possible efforts to search his son, but in vain. Thereafter, complainant lodged the missing report of his son at Police Station, Nalagarh on 23/4/2013. Thereafter, on 27/4/2013, complainant came to know from Rajesh Kumar (room partner of the deceased) that Rajeev Kumar was missing since 13/4/2013. Complainant further came to know that on 13/4/2013, Rajeev Kumar had consumed liquor with accused and then they had left at about 1:00 a.m. towards Nalagarh on a motorcycle. Although, the accused had returned in the morning, but Rajeev Kumar had gone missing.

(3.) FIR was registered on 28/4/2013 at Police Station, Nalagarh. On 14/4/2013, an unidentified male body, run over by the train, was found at Kalka-Shimla Railway Track near Taksal, KM No.3/7-8 near HPMC Factory, Parwanoo. After postmortem examination, the dead body had been cremated as unidentified/unclaimed. After seeing the photographs of the dead body, the same was identified as that of Rajeev Kumar by the complainant on 11/5/2013. Appellant was arrested on 9/5/2013, but his co-accused Vijay Kumar could not be arrested. After completion of investigation and necessary formalities, Challan was presented against the appellant.