STATE OF HIMACHAL PRADESH Vs. SANJAY KUMAR

JUDGEMENT

(1.) Aggrieved by the acquittal of respondent, the State has filed the instant appeal.

(2.) The case of the prosecution, in brief, is that on 30/9/2009, a telephonic information was received in the police station that Lata Devi daughter of Dharam Singh had been murdered and her dead body had been lying in the fields of village Dhamon. On receipt of this information, the Station House Officer, Paonta Sahib, directed the Incharge, Police Post, Singhpura, to proceed to the spot and the SHO also joined there. The statement of Dharam Singh under Sec. 154 Cr.P.C. was recorded wherein he stated that on 29/9/2009, there was marriage of Anil Kumar son of Shri Sher Singh in village Dhamon. On that day, Lata along with other girls visited the house of Anil Kumar in order to attend the marriage. The house of Anil Kumar was at a distance of 300-400 metres from his house. At about 10.00 p.m., Lata returned with meal from marriage and after getting the same served to the family members, she again returned to the marriage place. After some time, his two sons, Anuj and Rajesh, returned to home and went to sleep. On the morning of 30/9/2009, at about 7.00 a.m., when he got up, he found Lata to be absent. He then asked his son, who feigned ignorance about her whereabouts. He then enquired from the neighbours and relations, but to no avail. Thereafter, efforts were made to Lata and it was during that at about 1.00 p.m., the slippers worn by Lata were found on the lintel of Anil Kumar. Later, in the day, at about 4.30/4/45 p.m., dead body of Lata was recovered from the fields at a distance of 100 metres from the house of Anil. She was found having scratches/injuries on her face and other parts of her body and the 'pant' worn by her was also found to be torn from crotch area. It appeared that Lata had been raped and thereafter murdered. On the basis of the statement of the complainant, an FIR Ext. PW-22/A came to be registered.

(3.) During investigation, PW-26, I.O./SHO B.D.Bhatia prepared site plan Ext. PW-26/A and filled up the inquest reports Ex. PW-1/B and PW-1/C. Photographs of the spot were taken. Soil samples from the spot as well as from the adjoining fields were collected and taken into possession vide memos Ext. PW-7/A and Ext. PW-7/B.