STATE OF HIMACHAL PRADESH Vs. CHANALU RAM

JUDGEMENT

(1.) Present appeal filed against the judgment passed by learned Sessions Judge Chamba Division in Sessions trial No. 12 of 2007 titled State of H.P. vs. Chanalu Ram @ Kuber and others.

(2.) Brief facts of the case as alleged by prosecution are that on dated 9.7.2006 at 10/11 AM at village Maniyoga Pargana Himgiri Tehsil Salooni District Chamba accused persons in furtherance of common intention committed murder of deceased Desh Raj son of Baldev Ram resident of village Khudri, Pargana Pichhla Diur Tehsil Salooni District Chamba. It is further alleged by prosecution that accused persons in furtherance of common intention caused disappearance of evidence of murder of said Shri Desh Raj with intention to screen themselves from legal punishment. It is further alleged by prosecution that on dated 9.7.2006 Desh Raj deceased had gone to village Maniyoga in order to attend the marriage from where he had to join his duties. It is also alleged by prosecution that in July 2006 there was a marriage of the brother of PW3 Lachho Ram in village Manyoga and accused persons being members of the band party were also present in said marriage. It is alleged by prosecution that after the marriage was over accused persons came to house of PW1 Smt. Nardai wife of Gian at about 8/9 PM and started beating the drum/band in their house and Desh Raj deceased was also with them at that time. It is further alleged by prosecution that to co-accused Pyar Singh put his hand on shoulder of Nardai s daughter and deceased Desh Raj objected to it and he gave a slap to co-accused Pyar Singh and thereafter there was a quarrel between the accused persons and deceased Desh Raj and PW1 Nardai pacified the matter and thereafter deceased and accused persons left the house of Nardai. It is also alleged by prosecution that after 2/3 days wife of deceased Desh Raj came to the house of PW1 Nardai and asked her as to whether her husband Desh Raj came to her house with accused persons. It is further alleged by prosecution that thereafter Nardai told that deceased came to her house and also told that Desh Raj deceased had left her house along with accused persons. It is further alleged by prosecution that on dated 11.7.2006 PW13 Baldev Ram came to his home in the evening and he enquired from the family members about the whereabouts of Desh Raj upon which he was told that he had gone to attend the marriage from where he would go to his duties. It is also alleged by prosecution that thereafter Baldev Ram ran up at P.S. Tissa but he was informed that deceased had not joined his duties and then he went to village Manyoga in order to find out about whereabouts of deceased Desh Raj and enquired from Giano of Manyoga who told that deceased Desh Raj left to her house along with accused persons. It is further alleged by prosecution that thereafter Baldev Ram came to his house and called the Pardhan and also called 10-15 other persons where co-accused Kewal had given extra judicial confession that he along with other accused persons have killed deceased Desh Raj with a blow of stone and thereafter concealed the dead body of deceased. It is further alleged by prosecution that thereafter matter was reported to the police and FIR Ext.PW10/B was registered. It is also alleged by prosecution that photographs of dead body were also got clicked and inquest reports Ext.PW11/A and Ext.PW11/B were prepared and dead body was sent to Regional Hospital Chamba for postmortem through PW9 C. Deep Singh and HHC Kishan Chand. It is alleged by prosecution that site plan of spot Ext.PW11/C was prepared and post mortem of deceased was conducted and as per opinion of medical officer cause of death was head injury which was caused with a blow of stone Ext.P5. It is further alleged by prosecution that as per FSL report there was no evidence of alcohol or poison in the stomach, small intestines, spleen, kidney and blood of the deceased. It is further alleged by prosecution that thereafter co-accused Channalu had given disclosure statement that he could get recovered the stone with which deceased was killed. It is further alleged by prosecution that as per disclosure statement of co-accused Chanalu stone was recovered and same was took into possession vide recovery memo Ext.PW11/E. It is further alleged by prosecution that site plan Ext.PW11/G and jamabandi Ext.PW6/C were obtained from PW6 Mohinder Singh Patwari vide application Ext.PW6/A and clicked photographs are Ext.PX/1 to Ext.PX/8 and negatives of photographs are Ext.PX/9 to Ext.PX/16. It is further alleged by prosecution that parcels were deposited with the malkhana and thereafter same were sent for chemical examination vide RC No. 39/06 through C. Deep Ram.

(3.) Charge was framed against accused persons by learned trial Court on dated 28.4.2007 under Section 302 read with Section 34 IPC and under Section 201 read with Section 34 IPC. Accused persons did not plead guilty and claimed trial.