STATE OF HIMACHAL PRADESH Vs. SURJEET SINGH

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 12/3/2013, passed by learned Additional Sessions Judge, Fast Track Court, Una, District Una, H.P vide which the respondents (accused before the learned Trial Court) were acquitted of the commission of offences, with which they were charged. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused for the commission of offences punishable under Ss. 302 and 201 read with Sec. 34 of IPC. It was asserted that Up- Pradhan, Gram Panchayat, Ladoli informed the police telephonically on 20/3/2011 that a dead body was lying at Panjoa Chowk. Police recorded Entry No.12A (Ext. PW17/A) in the police station and directed ASI-Ram Swaroop (PW23), Constable Ashwani Kumar, HHC Manjeet Singh, HHC Gian Chand and HHC Ashok Raj to verify the correctness of the information. ASI-Ram Swaroop and other police officials went to the spot and found the naked dead body of some unknown person lying on the grass. He took the photographs (Ext. PW10/A and PW10/B) and prepared the inquest report (Ext. PW4/A). He filed an application (Ext. PW11/B) for conducting the post-mortem examination of the dead body. Dr Ravinder Mohan (PW11) conducted the post-mortem examination and found multiple injuries on the body. In his opinion, the cause of death was a fracture of the frontal bone above the left eyebrow. He issued the post-mortem report (Ext. PW11/A). He preserved finger pulps bilateral hands, teeth and hairs for DNA profiling. He also preserved the viscera of the deceased. He handed over all the articles to the police official accompanying the body. ASI-Ram Swaroop prepared the site plans (Ext. PW21/B and Ext. PW21/C) and handed over the post- mortem report to the SHO. The head injuries suffered by the deceased showed that the death was caused by beating; hence, FIR (Ext. PW21/A) was registered at the p lice station. Inspector Gurdeep Singh (PW21) conducted he investigation. He made inquiries in the neighbourhood and recorded the statements of Man Bhari (PW5) and her husband Harjeet Singh (PW9). He found from their statements that the death was caused in the house of Surjeet Singh. He went to the house of Surjeet Singh and found a trolley in the courtyard. The trolley was moved and blood stains were found on the ground. Surjeet Singh disclosed on inquiry that one person had demanded water during the intervening night of 19/20/3/2011 by saying Baba Nanak Pani Pilao (Baba Nanak serve water). He lifted the blood stains from the courtyard with the help of a piece of cloth. These were put in an empty matchbox and the matchbox was sealed in a cloth parcel with three impressions of seal 'A'. The matchbox was seized vide memo (Ext. PW6/A). Accused-Surjeet Singh produced three sticks (Ext. P1 to P3), which were put in a cloth parcel and the parcel was sealed with seal 'A'. It was seized vide memo (Ext. PW6/E). Sample seal (Ext. PW6/F) was taken on a separate piece of cloth. T-shirt (Ext. P5) and half pants (Ext. P6) were also recovered, which were put in a cloth parcel and the parcel was sealed with seal 'A'. It was seized vide memo (Ext. PW6/G). A site plan of the place of recovery (Ext. PW21/B) was prepared. Accused Surjeet Singh made a disclosure statement (Ext. PW6/H) that he could get the shirt recovered. He recovered one shirt from a distance of 300 meters from his house lying on a barbed wire. The shirt was put in a cloth parcel and the parcel was sealed with seal 'T'. The parcel was seized vide memo Ext. PW6/J. The site plan of the place of the recovery of the shirt (Ext. PW21/C) was prepared. He also obtained the call details record, which showed that Raj Kumar and Satish Kumar had talked to each other. A team of forensic experts was called to the spot. Surinder Kumar Pal (PW22) visited the spot and lifted small dry grass leaves and hair-like strands from the grass. Blood stains were also lifted from the cemented floor. Photographs (Ext. PW21/J and PW21/M) were taken. He prepared the report (Ext. PW20/A). The articles were deposited in the police station from where these were sent to RFSL, Dharamshala for analysis. Report (Ext. PW20/B) was issued showing that human blood of group 'A' was detected in the blood lifted on a cloth from the floor, blood- stained cement pieces of the floor, blood-stained dry grass leaves and shirt. Human blood was detected on the bamboo sticks and hair sample but the result was inconclusive regarding the blood group. After the completion of the investigation, the police prepared the challan and presented it to the court of learned judicial magistrate, first class, court no.1, amb, who committed it to the court of sessions for trial. Learned Sessions Judge assigned the matter to the learned Additional Sessions Judge, Fast Track Court, Una for trial.

(3.) The accused-Surjeet Singh was charged with the commission of offences punishable under Ss. 302, 201 read with Sec. 34 of IPC. Accused Jamal Din, Satish Kumar and Naresh Kumar were charged with the commission of offences punishable under Sec. 201 read with Sec. 34 of IPC. The accused persons pleaded not guilty and claimed to be trial.