STATE OF HIMACHAL PRADESH Vs. AJAY KUMAR

JUDGEMENT

(1.) THE instant appeal is directed by the State, against the impugned judgment, rendered on 8.1.2008 by the learned Sessions Judge, Mandi, Himachal Pradesh in Sessions Trial No. 23 of 2007, whereby, the learned trial Court acquitted the accused/respondents for theirs having committed an offence under Section 302 read with Section 34 IPC.

(2.) BRIEF facts, of the case are that complainant Om Chand is the father of deceased Yadav Singh @ Sanjay. His son was working as driver in PWD in Lauhal area prior to his death. He came home on 19.10.2006 and on the morning of 20.10.2006 he had gone to collect the sale consideration of Alto Car which had sold to one Bitu about two months back. Sanju reached home at about 7.45 p.m. from Sundernagar. At about 8.30 p.m. his son received a call on his mobile and thereafter he left the house telling his father that he would come soon. Sanju did not come at night and the complainant thought that his son had stayed at the house of his Mausi. Later on a telephone call was received by Harish (PW -12) younger son of the complainant on his mobile that somebody has picked up quarrel with his brother Sanju. However, he did not tell about this to his father Om Chand. Next day i.e. on 22.10.2006 at 7 p.m. a telephonic call was received by his nephew Kirnu from Mohindru of village Badyar that a dead body was lying near the bushes by the side of the road and the complainant should verify the same. Thereafter complainant alongwith 4/5 persons went in a car to village Badyal and found the dead body lying in the bushes. In the meantime Pradhan of Gram Panchayat Badyar had informed the police and the police also arrived at the spot and examined the dead body. They noticed injury marks on the dead body. Statement of complainant Om Chand under Section 154 Cr.P.C. was recorded on the basis of which FIR Ex. PP was registered. PW -19 SHO Hemant Kumar took the photographs Ex. PW -6/1 to 20 and thereafter he filled up the inquest papers vide Ex. PB. Vide memo Ex. PC articles lying near the dead body were taken into the possession. Site plan Ex. PY of the place where the dead body was lying also prepared. Statements of the witnesses were recorded. The accused were arrested on 22.10.2006. On 24.10.2006 the disclosure statement of accused Ajay was recorded. On the basis of disclosure statement made by accused, Darat Ex. P -2 was recovered from his cowshed and the same was taken into possession vide memo Ex. PG in the presence of the witnesses. The site plan of place of recovery is Ex. PG/1. The disclosure statement of accused Manoj Kumar Ex. PF was also recorded. On the basis of which police got recovered sickle Ex. P -3 vide Ex. PH. The site plan of place of recovery is Ex. PH/1. Mobile phone of the associates of the deceased were also taken into possession vide memo Ex. PAC. On the disclosure statement of accused Yogesh Kumar Ex. PJ, danda Ex. P4 was recovered from the kitchen of his house. The same was taken into possession vide memo Ex. PK and site plan of place of recovery Ex. PK/1 was prepared. The house of father of accused Manoj Kumar was searched under memo Ex. PAD. Similarly house of Pawan Kumar was also searched under memo Ex. PA and Kudali Ex. P -7 was recovered. The dimension of the Kudali Ex. P -7 was taken; memo in this regard is Ex. PR. On application Ex. PU, PW -16 has conducted the post mortem and issued a post mortem report comprised in Ex. PV. In his opinion, the cause of death was injury to heart and brain but mainly to the heart. During the course of investigation, the doctor examined the accused Ajay Sharma and noticed three injuries. He has issued MLC Ex. PO and opined that injury No. 1 is possible with grip having sharp edged weapon.

(3.) THE accused were charged for theirs having committed an offence punishable under Section 302 read with Section 34 IPC, by the learned trial Court, to which they pleaded not guilty and claimed trial. In order to prove its case, the prosecution examined 19 witnesses. On closure of the prosecution evidence, the statements of the accused under Section 313 of the Code of Criminal Procedure, were recorded in which they pleaded innocence and claimed false implication.