STATE OF HP Vs. HARISH KUMAR

JUDGEMENT

(1.) This appeal has been preferred by the State against the judgment passed by learned Sessions Judge, Mandi acquitting the respondent, who was charged for offences under Sections 302, 392 and 419 of the Indian Penal Code (hereinafter referred to as 'IPC').

(2.) The prosecution case as urged is that on 27.4.2006 Balvinder Singh PW3, who was working as Langari (head cook) with Guru Govind Singh Gurdwara, Paddal, Mandi, detected some foul smell emanating from one room in the Gurdwara serai. He informed Santu, Sukhdev PW5 and Surinder Singh about this fact. They then proceeded to room No. 47 from which the smell was coming and found the door locked, which was broken open. They found one person lying dead inside the room who appeared to have been killed by strangulation. PW2 Balvinder Singh informed Manjit Singh, PW4 head of the Gurdwara, who telephoned the police. The statement of PW2 Balvinder Singh was recorded by the police and FIR Ext.PW13/B was registered. The police photographed the spot and also checked the entry made in the register maintained by the Gurdwara, which indicated that this room was booked in the name of one Raj Gurvinder Singh, son of Piara Singh of Batala. Articles scattered in the room, including shoes, socks, medicines and books were taken into possession. The body of the deceased was sent for post mortem examination and the family of the deceased was contacted. It was found that Raj Gurvinder Singh was alive and that he never visited Mandi. The articles seized from the room were then re-checked by the police, where they found a receipt issued by Manali Gurdwara in the name of one Mahinder Singh of village Chakdana, District Nawanshehar. Surjeet Singh PW3 was brother of the deceased, who stated that the deceased had gone for a tour of Kullu-Manali area. On 29.4.2006 he (Surjit Singh PW3) came to Mandi and identified the deceased as his brother. Viscera of the deceased was sent for chemical analysis. No poison or alcohol was found. The cord used for strangulation was found by the expert strong enough to kill a person. The opinion of post mortem was that death had resulted due to asphyxia caused by strangulation. On 5.10.2006 a telephonic call was received by Mandi police from Police Station, Palampur that one Harish Kumar @ Hans Raj (accused) had been arrested in connection with FIR No. 256/2006 under Section 302, 201 IPC and he had confessed that Mahinder Singh deceased had been killed by him. Information was also gathered that driving licence recovered from this Harish Kumar was in the name of Raj Gurvinder Singh but the accused had affixed his own photo on it. On receiving this information, the police from Mandi immediately rushed to Palampur, where the accused disclosed that he had donated a kidney at Chennai to one Piara Singh, father of Raj Gurvinder Singh for Rs. 75,000/- and there he had been identified as Raj Gurvinder Singh. A copy of the driving licence in the name of Raj Gurvinder Singh and ration card of this name were given to him. He supposed to have confessed to other crimes including the fact that he killed Mahinder Singh at Mandi on 24.4.2006 and stolen a sum of Rs. 12,000/-. He was arrested and brought to Mandi where he made a statement in police custody that he could identify room No. 47 at the Gurdwara in Mandi. Surjit Singh PW3, brother of the deceased, had stated that the deceased was travelling with Rs. 15,000/- and on the admission of the accused that he had stolen Rs. 12,000/-, offences under Sections 392 and 419 IPC were added.

(3.) During investigation the fact that the accused had donated a kidney to deceased Piara Singh was established as also the fact that copy of driving licence of Raj Gurvinder Singh and ration card was also given to the accused, but he did not return these documents. The donee of kidney namely Piara Singh remained admitted in the hospital and the donor (accused) had left earlier. Investigation further was to the effect that the accused travelled to Mandi, Manikaran with these false documents and during this travel, he came in contact with one Mahinder Singh, (deceased) who was a NRI and had come to India to attend the marriage of his nephew and proceeded to Manikaran, Mandi, Manali on 19.4.2006. He stayed in Manikaran Gurdwara on 20.4.2006 which fact was corroborated by the entry in the register of guests of that Gurdwara that one Raj Gurvinder Singh had stayed there on 21.4.2006. On 22.4.2006 the deceased had hired a room in Manali Gurdwara, but left it on the same day and then stayed in Sukiran Guest House till 24.4.2006, on which date he came to Mandi and then stayed in the Gurdwara there. The prosecution case is that the accused had administered some psychotropic pills to Mahinder Singh and then killed him by strangulation with a cord and thereafter absconded with the money. The prosecution examined 13 witnesses and on conclusion of the evidence, the accused was acquitted.