STATE OF H.P. Vs. KAMAL BAHADUR

JUDGEMENT

(1.) The present appeal is directed against the judgment 20/12/2013, passed by learned Additional Sessions Judge-I, Shimla, Camp at Rohru, vide which the appellant (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Ss. 452 and 302 read with Sec. 34 of the Indian Penal Code (IPC). (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, 452 and 323 read with Sec. 34 of IPC. It was asserted that Suraj Bahadur visited the Police Station on 7/5/2012 and informed that the dead body of Man Bahadur was lying on Pokhta road near Sharog. SI Ramesh Thakur (PW15) and other police officials went to the spot to verify the correctness of the information. The informant Suraj Bahadur made a statement that he was working as a labourer with Roop Singh (PW9) for about one year. His family members resided with him. Man Bahadur, Dil Bahadur, Bobby, and Chini Bahadur visited the informant's house on 6/5/2012 at about 4.00 PM. All of them consumed liquor. Yash Pal, Raj Pal and Prashant visited the informant's house at 8.30 pm where they quarrelled with Man Bahadur and gave beatings to him and the informant. All of them threatened Man Bahadur to pay ?1,000/- or they would kill him. The incident occurred because Man Bahadur had taken liquor from them on loan. They left thereafter. Chini Bahadur and Dil Bahadur also left the informant's house during the night. Bobby and Man Bahadur slept in one room and the informant and his wife Pushpa slept in another room. Two persons visited the informant's house at about 11-12 PM and attacked Man Bahadur. The informant could not identify them due to darkness and because he (the informant) was heavily intoxicated. The informant found in the morning that Man Bahadur was murdered and his naked body was thrown on the roadside. Statement (Ex.PW15/B) was reduced into writing and was sent to the Police Station, where FIR (Ex.PW14/E) was registered. SI Ramesh Thakur (PW15) conducted the investigation. He seized the dead body vide memo (Ex.PW9/A) in the presence of Roop Singh and Suraj Bahadur. He prepared inquest reports (Ex.PW9/C and Ex.PW9/D). He took photographs of the dead body (Ex.PW15/A1 to Ex.PW15/A11). SI Ramesh Thakur (PW15) prepared the site plan (Ex.PW15/C). He seized the clothes of the deceased vide memo (Ex.PW1/A). Suraj Bahadur identified the clothes as belonging to the deceased. SI Ramesh Thakur prepared the spot map (Ex.PW15/D). He found a pair of slippers which were seized vide memo (Ex.PW9/B). He handed over the case property to MHC Amrit Singh (PW14), who made an entry in the register of Malkhana (Ex.PW14/A) and deposited the case property in Malkhana. Dr. Dalip Sharma (PW10) conducted a postmortem examination of the deceased. He found multiple injuries on the dead body which were sufficient to cause death and could have been caused by fist and kick blows. He issued the report (Ex.PW10/B). He handed over the viscera and the blood sample on the FTA card to the police official accompanying the dead body. These were deposited with HC Amrit Singh (PW14), who deposited them in Malkhana and made an entry at Serial No. 466 (Ex.PW14/B). The police arrested the accused on 8/5/2012. ASI Ramesh Thakur scraped the dirt from the feet of the accused and put it inside the box. The box was sealed in a parcel. The dirt from the sleepers was also scraped and seized vide memo (Ex.PW4/A). Accused Kamal Bahadur made a disclosure statement (Ex.PW4/C) stating that he could get his clothes recovered. He got his pants and shirt recovered from his house which were seized vide memo (Ex.PW15/N). These were put in a parcel and the parcel was sealed with seal 'M'. The seal impression (Ex.PW15/O) was taken on a separate piece of cloth. SI Ramesh Thakur prepared the site plan (Ex.PW15/P) and took a photograph (Ex.PW15/Q). Hardyal Singh, Patwari, visited the spot and prepared tatima (Ex.PW5/A) and Jamabandi (Ex.PW5/B). The case property was deposited with HC Amrit Singh, who made an entry in the register of Malkhana at Serial No. 467 (Ex.PW14/C) and deposited the case property in Malkhana. He handed over the case property to Constable Kapil Dev (PW11) on 15/5/2012 with a direction to carry them to FSL Junga vide RC No. 43/12 (Ex.PW14/D). Constable Kapil Dev (PW11) deposited all the articles in FSL, Junga and handed over the receipt to HC Amrit Singh on his return. Dr Pawan Jhalta (PW8) medically examined the accused and found multiple abrasions on both legs. He issued MLC (Ex.PW8/B). The abrasions could have been caused by striking against the rough surface. The results of the analysis (Ex. PX, Ex. PY and Ex. PZ) were issued in which it was shown that ethyl alcohol was detected in the viscera, human blood of group 'O' was detected on the pants of the accused but it was insufficient for serological examination, DNA profile obtained from the jacket and shirt of the deceased matched with the DNA profile obtained from the FTA card of deceased Man Bahadur and DNA could not be extracted from the pants of accused Kamal Bahadur. The statements of witnesses were recorded as per their version and after the completion of the investigation, the challan was prepared and presented before the learned Judicial Magistrate First Class, Court No.1, Rohru, who committed it to the learned Sessions Judge, Shimla for trial.

(3.) Learned Sessions Judge, Shimla assigned the case file to learned Additional Sessions Judge, Shimla, Camp at Rohru (learned Trial Court).