HARISH SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is accused in case registered vide FIR No. 116/2022, dtd. 28/9/2022, registered under Sec. 302 IPC, at Police Station, Keylong, District Lahaul and Spiti.

(2.) Petitioner is in custody since 28/9/2022. Investigation is complete and challan stands filed in the Court. The case has been registered on the statement of one Shri Meshu Mehta, under Sec. 154 Cr.P.C., who had stated that he was working as Manager in Hotel 'Plum Dhara' at Sissu. On 24th of September, 2022, four officials of ISRO had visited his hotel for stay. They were accompanied by two drivers, namely, Harish Singh and Raja Bhatt. Both the drivers were made to stay in Room No. 106 of hotel Plum Dhara. Since 24th of September, 2022, both the drivers were indulging in consuming liquor. They were arguing and fighting with each other. On 27th of September, 2022, at about 1:15 P.M., he alongwith his staff and one of the members of ISRO group were sitting besides the parking out side hotel. It was noticed that Raja Bhatt was lying in his vehicle No. UK-017-TB-3921 and he was intoxicated. Harish Singh (petitioner) was also intoxicated and was inflicting blows with fist on Raja Bhatt. Vaibhav Garg, the members of the ISRO, was asked to video record the incident, which was done. It was noticed thereafter that blood was oozing out just above the left eye of Raja Bhatt. He was immediately taken to Primary Health Center near to the hotel. Petitioner also accompanied the injured Raja Bhatt to the PHC. After sometime, they all came back after Raja Bhatt was given first aid. It was noticed by the complainant that there was a bandage on the head of Raja Bhatt. He was allowed to have rest in room No. 106. After about ' hour, petitioner came in the parking and drove his vehicle towards Kullu. One of the staff members of the hotel followed the petitioner on motor cycle and he was brought back to the hotel. Key of the vehicle was taken from the petitioner and petitioner went to his room. Again after about one hour, petitioner came down and asked for the key of the vehicle. On refusal, petitioner started walking towards Sissu and after sometime, came back with a bottle of liquor in his hand. He went to his room and at about 6:15 P.M., petitioner came to the complainant and told him that Raja Bhatt was not able to breath. One Pharmacist, named Parvesh, was called on telephone. Raja Bhatt was again taken to Primary Health Center. In the meanwhile, the owner of the hotel informed Police Post, Koksar regarding the incident. Raja Bhatt was referred to Regional Hospital, Keylong. Later, the complainant was informed that the doctor at Regional Hospital, Keylong had declared Raja Bhatt as dead.

(3.) On investigation, the Investigating Agency is stated to have found sufficient material to submit report under Sec. 173 Cr.P.C. recommending trial of the petitioner under Sec. 302 IPC.