MEHAR CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER is an accused in FIR No. 21/14 registered under Sections 302 and 201 of the Indian Penal Code in Police Station, Ramshehar, District Solan. He has been arrested in this case on 20th June, 2014 and is still in judicial custody.

(2.) DECEASED Mast Ram and Bhagat Ram were real brothers. Accused is the son of Bhagat Ram. Deceased Mast Ram is the uncle of the accused. The accused is serving as Havaldar in Assam Riffles. In the month of May, 2014, he being on leave was in his native village Luna (Kaatlu) sub Tehsil Ramshehar, District Solan.

(3.) THE investigation in this case is complete. Without lamenting much on the merits of the case, as in that event, prejudice is likely to be caused to the case of either party, suffice would it to say that in the given circumstances, when the incident occurred during the broad day light i.e. at 12.00 noon in the presence of the complainant coupled with the factum of the Ward Panch Asha Ram was summoned by none else but the accused -petitioner himself there and then as well as the deceased was shifted to a private hospital at Nalagarh, had the occurrence been taken place in the manner as has now been claimed, it is not understandable as to why the matter was not reported to the police, if not by the complainant (being under shock) by the Ward Panch or the doctor who attended upon the deceased in the hospital. It is also difficult to believe that complainant could not inform her brothers or other near relations till 9.5.2014 and that the dead body was cremated in their absence. These are certain factors, which create a doubt qua the manner in which as per the investigation conducted at this stage, the occurrence has taken place.