STATE OF HIMACHAL PRADESH Vs. SURINDER KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 16.12.2005, passed by learned Additional Sessions Judge, Fast Track Court, Shimla, District Shimla, H.P. in ST No. RBT/FTC/9 -S/7 of 2005, titled as The State of Himachal Pradesh vs. Sh. Surinder Kumar and others, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 7.7.2004, Shri Mohi Ram (PW -4) lodged a complaint at Police Post, Fagu that his son Ramesh was missing. He also got his statement (Ex. PW 4/A) recorded on 10.7.2004. Investigation was conducted by S.I. Raghubir Singh (PW -18). F.I.R. No. 100 dated 9.7.2004 (Ex. PW 6/A), under Section 364 I.P.C. was registered at Police Station, Theog. Investigating Officer recorded the statement of Shri Devi Chand (PW -1). Sachida Nand (accused No. 4) was arrested by the police on the basis of suspicion. He disclosed complicity of other accused persons namely Surinder Kumar (accused No. 1), Ramesh Kumar (accused No. 2), Suresh Kumar (accused No. 3) and Hira Singh (accused No. 5), in the alleged crime. Investigation further revealed that all the accused persons, consumed alcohol, murdered Ramesh and thereafter threw his dead body in the jungle near Chharabra. Police recorded disclosure statement of accused Sachidanand (Ex. PW 11/A) in the presence of independent witnesses Shri Sita Ram (PW -11), Shri Rajinder Singh (PW -12) and Shri Amar Singh (PW -13). On 10.7.2004, accused led the police to the place where they had dumped the dead body. After conducting investigation at the spot, police took into possession the dead body which was sent to the hospital for postmortem examination, which was conducted by Dr. U.V.I. Tyajdarbarwal (PW 15). Postmortem report (Ex. PW 15/A) was taken into possession by the police. Investigation further revealed complicity of all the accused in the crime. On the basis of disclosure statement, police recovered blood stained clothes of the accused in the presence of independent witness Shri Dinesh (PW -17). With the completion of investigation, Challan was presented in the Court for trial.

(3.) IN order to establish its case, in all, prosecution examined as many as eighteen witnesses. Statements of the accused under Section 313 of the Code of Criminal Procedure were also recorded, in which they took the defence of innocence.