STATE Vs. ATMA RAM

JUDGEMENT

(1.) This is a petition, under Section 330(3) Cr. P. C., requesting this Court to accord sanction to the prosecution of the respondent, for an offence, under Section 194 I. P. C, The facts, giving rise to the petition, are as follows:

(2.) Paras Ram, brother of Jamna Dass P. W. 2 and Muni Lal P W. 4, was residing at Chindi, Tehsil Karsog, District Mandi. He was found dead, in his room, on the morning of the 25th December, 1962. The dead body was cremated by Paras Ram's relatives.

(3.) There were rumours that Paras Ram had not died a natural death but had been murdered. On the 1st January, 1963, Bodh Raj P. W. 1 made the application Ex. PB. to the Station House Officer, Karsog, stating that Paras Ram had died in suspicious circumstances and that he had some enmity with Hari Saran, as both were carrying on illicit connection with Shmt. Binti The police registered a case under Section 302 I. P. C. During the course of investigation, Hari Saran, the respondent and other persons were arrested on the 15th January, 1963. The respondent was tendered pardon by the District Magistrate, Mandi, on the 1st February, 1963, on the condition of making a full and true disclosure of the whole of the circumstances of the case. On the 2nd February, 1963, the statement Ex. P1) of the respondent, wax recorded by Shri M.S. Bragta P. W. 14, under Section 164 Cr. P. C. The respondent had stated that he, Hari Saran and three other persons had gone to the residence of Paras Ram on the night of the 24th December, 1962, that he had remained standing outside the room, that Hari Saran and the three other persons had entered the room and had strangled Paras Ram to death.