STATE Vs. JAGJIT SINGH

JUDGEMENT

(1.) This is an appeal by the Government against the acquittal of Jagjit Singh, who had been tried by the learned Sessions Judge under Sec. 302 and 392 read with Sec. 397 of the Indian Penal Code for having committed the murder of Ratti Ram and also for having robbed him of his valuable articles.

(2.) The facts of the case are that the accused Jagjit Singh was employed as a Mason, while Ratti Ram deceased was employed as a Concretor in 128 -Construction Company in the Director -General of Border Roads (G.R.E.F.) which had its headquarters at Basantpur within the then District Mahasu. Both these persons were, however, attached to 108 -Construction Company and were posted at Manali till the afternoon of 15th of February, 1968. Since the accused and the deceased along with other persons were to proceed on leave, they left Manali for Basantpur on 16th of February, 1968, vide movement order (Ex. PAK) which was delivered to one Dhuma Shankar Prasad (P.W.). Kaman Singh and Kewal Singh had left Manali on the 15th of February, 1968 and they stayed for the night at Kulu. They left Kulu on the 16th morning reaching Sundernagar on the same day. The vehicle went out of order and therefore, they had to stay there. At about 1.00 or 1.30 P.M. a vehicle of D.G.B.R. reached Sundernagar in which they found Jagjit Singh accused, Ratti Ram deceased and Dhuma Shankar Prasad. They also boarded the same vehicle. As that vehicle was bound for Chandigarh, they all got down at Bilaspur at about 4.30 P.M. and stayed there for the night. In the morning of 17th February, 1968 at 6.00 A.M. Kaman Singh, Kewal Singh and Dhuma Shankar Prasad boarded a bus at Bilaspur for Simla whereas jagjit Singh and Ratti Ram did not come by that bus. Kaman Singh got down from the bus at Boileauganj due to some work and when he reached the bus -stand he found Ratti Ram and Jagjit Singh accused there. At about 4.30 P.M. or 5.00 P.M. he along with Jagjit Singh and Ratti Ram left for Basantpur by D.G.B.R. vehicle. Kewal Singh, who had gone earlier to Sanjouli also met them and he also boarded the same vehicle. They reached Basantpur at about 7.00 P.M. The truck stopped in front of Sunder Lal's shop. Jagjit Singh accused and Ratti Ram deceased placed their beddings in that shop while Kaman Singh and Kewal Singh went straight to the Unit.

(3.) It is the prosecution story that the accused Jagjit Singh and Ratti Ram deceased after the former had asked the shop -keeper to keep some vegetable for them, went to the D.G.B.R. camp with their beddings where they met Kartar Singh, a Pioneer in the 108 -Construction Company as also T.V. George and they reported their arrival. T.V. George directed Kartar Singh to provide them accommodation in one of the tents in the camp. They went with him and spread their beds in the tent. After sometime it is alleged that they went to some hotel -cum -shop where they took liquor and some vegetables and left the hotel towards the Bridh Ashram. Ratti Ram was stated to have been dead drunk and the accused, taking advantage of his condition, was alleged to have given a push to Ratti Ram on the road side near Bridh Ashram. When Ratti Ram fell down, the accused dragged him down the road some 30 yards. There hit him on his head with stones. Thinking that Ratti Ram had died, he was alleged to have taken out a purse -cum -diary containing a sum of Rs. 836 tied in a handkerchief from the pocket of Ratti Ram. There was a Titus watch with a nylon strap on the wrist of Ratti Ram which was pulled by the accused with the result that the hooks of the watch were broken and the strap remained on the wrist of Ratti Ram. After that he returned to the hotel. While the accused was handing over the price of a plate to the hotel -keeper, the persons viz; Sunder Singh, Chet Ram and Chhangu Ram noticed some blood on the pant of the accused. On inquiry he told that he had a fall and it was on that account that his pant had been stained with blood. It was also alleged that the accused was in a nervous state at that time. Then the accused went to the tent where he enquired from his tent mates, namely, Ram Lal and Sohan Singh if Ratti Ram had returned to the tent or not. They replied that it was the accused who knew better as to where his companion was, as all of them had gone to sleep. On the next morning that is the 18th of February, 1968, the accused was alleged to have informed T.V. George that Ratti Ram was missing since the previous night. He asked Jagjit Singh accused to make a search for his companion. He also detailed some other persons including Om Parkash to make a search for Ratti Ram. At about 11.00 A.M. Om Parkash informed T.V. George that Ratti Ram had been found in an injured and unconscious state near Bridh Ashram and that Jagjit Singh was also there. Ratti Ram was removed to the camp, first -aid was rendered to him and then he was rushed to the Civil Hospital at Suni. After the removal of Ratti Ram to the Civil Hospital, T.V. George had noticed some blood -stains on the belt of the accused and he was put under custody. Ratti Ram was sent from the Civil Hospital, Suni to the Military Hospital at Simla, where he died between the night of 18th and 19th of February, 1968, at 12.50 A.M. T.V. George had taken off the blood -stained clothes of the accused after Ratti Ram had been sent to the Military Hospital at Simla.