HARIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an appeal by Haria and his two sons Bhot and Naraish against the orders of their convictions and sentences passed by the learned Additional Sessions Judge, Dharamsala. Haria has been convicted under Section 201, I. P. C. and is sentenced to three yours' rigorous imprisonment and a fine of Rs. 500/- for having caused disappearance of the evidence of murder. The other two accused have been convicted under Sections 302 and 201, I. P. C. and they have been sentenced to life imprisonment with a fine of Rs. 500/- each. It is said that Krishan Kumar Patwari of Circle Jhajja Kothi was murdered by the accused Bhot and Naraish by giving blows to him at their house on the intervening night of Ifitii and 17lh of April, 1971 and their father disposed of the body with the object to screen the offenders from lawful consequences of murder.

(2.) KRISHAN Kumar, who was posted as Patwari since March, 1971 belonged to Chambu Town and according to the prosecution he was at Chamba on the 13th, ]4th and 15th of April and on the 16th he left for his place of duty in Jhajja Kothi in Churah Tehsil. Thereafter his whereabouts were not known, Salyagar Ram Office Quanungo sent a report: to the Police Station, Tissa to the effect that Krishau Kumar Patwari was missing since 16th April, 1971. Thereafter a search was made and during the inquiry it was revealed that the said Patwari on 15th or 16th April was seen lying on the road, a little distance beyond a bridge known as 'kereu'. He was dead drunk. For the night he stayed at the house of the accused-persons in village Perur and that he was murdered by Bhot and Naraish with Thollan (a wooden stick to beat the clothes while washing) whereas the father had been dissuading them from doing so. However the father also disposed of the body of the deceased. A case was accordingly registered under Sections 302 and 201, I. P. C. The police made some recoveries at the instance of the accused-persons pursuant to some disclosure statements.

(3.) BEFOR the learned Sessions Judge twenty witnesses have been examined. The, only eye-witness in the case was one Sukh Dev (P. W. 19), a boy of 13 years of age. The learned Sessions Judge having relied opon the statement of this witness coupled with the recoveries and the statements of some other witnesses who stated to have seen Krishan Kumar Patwari lying in a drunken state at a little distance ahead of the Keren bridge convicted the accused and sentenced them as stated above.