INDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THESE criminal appeals are instituted against the judgment 15.11.2007 rendered by learned Additional Sessions Judge, Sirmaur at Nahan, in Sessions Trial No. 10 -N/7 of 2004, whereby the accused/appellants (hereinafter referred to as the "accused" for the sake of convenience) were convicted and sentenced to undergo rigorous imprisonment for life and pay a fine of Rs. 10,000/ - each and in default of payment of fine to further undergo imprisonment for a period of one year each under Section 302 read with Section 34 of the Indian Penal Code. However, the accused were acquitted under Sections 382 and 201 read with Section 34 of the Indian Penal Code.

(2.) SINCE , common questions of law and facts are involved in both the appeals, the same were taken up together for hearing and are being disposed of by a common judgment.

(3.) ACCORDING to prosecution on 29.12.2003, at about 9 a.m., PW1 Arun Kumar noticed a human body lying underneath the bridge at Chhichhria. He gave the information to PW2 Parsani Devi. She also noticed the body and informed the police telephonically, on the basis of which daily diary rapat was recorded by PW31 Ashok Kumar, the then MHC, Police Station, Rajgarh vide Ext. PW31/A. On receipt of information, PW36 ASI Krishan Kumar visited the spot and took into possession dead body vide memo Ext. PW2/A in the presence of PW2 Parsani Devi. He prepared the site plan Ext. PW36/D and took the photographs of the dead body, Ext. PW 36/B -1 to Ext. PW36/B -12. The inquest report was prepared vide Ext. PW36/A. The post -mortem on the body of the deceased was conducted by PW -21 Dr. Rita Nayar, the then Medical Officer, Civil Hospital Rajgarh, vide postmortem report Ext. PW21/A. As per her opinion, the deceased died as a result of neurogenic shock and asphyxia (cause severe hit over external genetalia and injury over thyroid cartilage) leading to cardio respiratory failure. Since the dead body was not identified by anyone, notice was published in the daily newspaper for identification of the dead body. On reading the said publication, PW -6 Brij Lal went to Rajgarh and identified the dead body to be that of his brother Chinta Lal, vide memo Ext. PW6/A. Statement of PW6 Brij Lal was recorded under Section 154 Cr. P.C. vide Ext. PW6/B by PW36 ASI Krishan Kumar, on the basis of which FIR Ext. PW29/A was recorded at Police Station, Rajgarh by PW29 HC Jaswant Singh, the then Investigating Officer, Police Station, Rajgarh. The site plan was prepared vide Ext. PW36/C. After about 8 or 10 days PW -6 Brij Lal read the news item in a paper about theft of a vehicle from Jubbal, which met with an accident near Sataun, occupied by three persons. In the said accident, one person died and second person sustained fracture and the third one ran away from the spot. PW6 Brij Lal visited the Police Station, Darlaghat from where SHO, P.S. Darlaghat made a telephonic call to Dy. S.P. and Brij Lal came to know that the person, whose leg was fractured, was admitted at Nahan Hospital. PW6 Brij Lal visited the Hospital at Nahan where the accused Inder Singh was admitted. On seeing him, PW6 Brij Lal got suspicious that he was the same person who had hired the taxi of Chinta Lal at Darlaghat. PW6 Brij Lal made a telephonic call to PW7 Jagdish and called him to Nahan. PW7 Jagdish along with Rakesh Sharma, owner of vehicle No. HP -01 -1482, went to Nahan and identified the accused Inder Singh to be the same person, who hired the taxi from Darlaghat. Thereafter, PW6 Brij Lal contacted PW14, Gurmeet Singh the then SDPO, Rajgarh and informed him that the accused Inder Singh admitted in the Hospital was one of the persons, who had hired the taxi from Darlaghat. PW14 Gurmeet Singh deputed PW36 ASI Krishan Kumar to carry out the investigation. PW36 ASI Krishan Kumar went to Nahan where PW6 Brij Lal and PW7 Jagdish along with Rakesh Sharma and one Devi Roop met him. They went to the hospital at Nahan where the accused Inder Singh was identified by Jagdish vide memo Ext. PW6/C. The accused Inder Singh was admitted in the Zonal Hospital, Nahan on 10.1.2004 after having referred from civil hospital, Paonta Sahib. Thereafter, he was referred to IGMC, Shimla on 14.1.2004 at about 10 p.m. vide case summary PW13/A.