JAGDISH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioners are apprehending their arrest in a case F I.R0 No. 134 of 1992, dated 22nd May, 1992 under sections 302/ 201/34, L.P.C. registered at Police Station, Rohru.

(2.) On 25th April, 1992, the dead body of Bhagat Chand resident of village Gajandi, Tehsil Rohru, District Shimla, was found in Bagdhar forest. The matter was reported to the Police who came into action, got the dead body post -mortemed and interrogated a large number of persons of the area, including the petitioners. Ultimately, a F. I. R. was registered on 23rd May, 1992 at the instance of Prem Chand, brother of the deceased As per the statement of Prem Chand, under Section 154 Cr. P. C, on 23rd March, 1992, when the deceased was coming back to his village, he met the petitioners at a place known as Chuojar and later, at 6 00 p m they were found taking liquor In the shop of a Gurkha, namely, Chhotu Since the deceased had money transactions with petitioner Jagdish Chand, who had many a times threatened the deceased with dire consequences if his money was not paid in time, according to Prem Chand, he believed that his brother was killed by giving him poison in the liquor and also by beating him.

(3.) Besides the statement of Prem Chand, the Police has been able to bring on record the statements of Baldev Singh and Kishori Lal to the effect that petitioner Jagdish Chand used to tell them that if the money lent by him to the deceased was not returned as promised, he would take him to task. There is also the statement of Ramesh Chand that on 23rd March, 1992 at 5 30 p m. when the petitioners were taking tea at his shop, the deceased crossed in front of his shop and the petitioners had followed him.