STATE OF HIMACHAL PRADESH Vs. SURENDER KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 29.1.2010, passed by the learned Addl. Sessions Judge (Fast Track Court) Kullu, H.P. in Sessions Trial No. 21/2008, titled as State of H.P. v. Surinder Kumar and another, whereby respondents -accused stand acquitted, the State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973. In short, case of the prosecution is that the deceased - Smt. Sushma was married to Surinder Kumar (accused No. 1). One daughter Ms. Shreya was born out of the wedlock. Marriage was solemnizsed some time in the year 2000. On 28.6.2007 accused Surinder Kumar, after consuming alcohol, called Smt. Sunita Dutta (PW -2) on her mobile phone asking that Smt. Suhsma be taken back to her parental house. Later, in the night, accused Surender Kumar murdered his wife in his house. Raju Paul (accused No. 2) engaged as a labourer by the accused witnessed him drag the body of Smt. Sushma from the Ist floor to the ground floor of the house. Thereafter, both Surinder Kumar and Raju Paul put the dead body in a vehicle (Qualis) and after a distance of two -three kilometers dumped it in river Beas. They destroyed and removed all signs of evidence. In the morning of 29.6.2007, Smt. Sunita called her father Sh. Lal Singh (PW -2) and informed him about the telephonic conversation which she had the previous night with accused No. 1. Sh. Lal Singh went to the house of accused No. 1 and was told that the deceased had left the house without any intimation. Apprehending mischief, Sh. Lal Singh lodged report (Ext. PA) dated 29.6.2007 with the police. Deceased could not be traced. On 4.7.2007 her dead body was found on the banks of river Beas. Inspector Roop Singh (PW -14) learnt about the same and rushed to the spot. He conducted local investigation. Dead body was sent for post mortem examination which was conducted by Dr. Mahesh Kapoor (PW -11), who vide report (Ext. PT) opined that the deceased had not died of drowning but on account of head injury which was ante -mortem. Inquest report (Ext. PC) was prepared. F.I.R. No. 195 of 2007 (Ext. PB), dated 4.7.2007, was registered at Police Station Manali, initially under the provisions of Sections 498 -A, 306 of the Indian Penal Code but on receipt of the medical opinion (Ext. PT), offence under Section 302 IPC was added and the other Sections deleted. Between 29.6.2007 and 9.7.2007 police searched the house of accused Surender Kumar but nothing incriminating could be found. On 9.7.2007 investigation was entrusted to Dy. S.P. Ahmad Sayed (PW -15) who on 10.7.2007 again went to the house of the accused to search for any incriminating material. On 12.7.2007 accused No. 2 made a disclosure statement (Ext. PE) narrating the incident in its entirety. Police again searched the premises of accused Surender Kumar and on 13.7.2007 recovered his blood stained clothes, bed sheet and pillow cover. Dr. Gian Thakur (PW -12) an expert from the Forensic Science Laboratory, was called to collect samples from the spot. He collected samples of hair belonging to the deceased as also samples of blood found under of the seat of the vehicle (Qualis) and samples of mud from the lawn of the house of accused No. 1. Report of DNA profiling (Ext. PA/P) and blood samples were obtained by the police. With the completion of investigation, challan was presented in the Court for trial.

(2.) SURENDER Kumar (accused No. 1) was charged for having committed offences punishable under Sections 302 and 201 both read with Section 34 of the Indian Penal Code, whereas, Raju Paul (accused No. 2) was charged for having committed an offence punishable under Section 201 read with Section 34 of the Indian Penal Code, to which they pleaded not guilty and claimed trial.

(3.) APPRECIATING the testimony of the prosecution witnesses, trial Court acquitted both the accused of all the charged offences. Hence, the present appeal.