ANDREW JOHN Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 31.5.1994 passed by learned Sessions Judge, Solan in Sessions trial No. 2-S/7 of 1993, whereby the appellant- accused was convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 2000/-. In default of payment of fine, the appellant-accused has to suffer simple imprisonment for a period of one year.

(2.) The facts of the case, briefly stated, are as under The appellant-accused and the deceased Kanshi Ram were employed as Operators of Effluent Treatment Plant (hereinafter referred to as ETP TankT) in Solan Brewery. They used to work in shifts. Besides these two Operators, there was other Operator who used to work during daytime only. Kanshi Ram was required to attend his duties on 24.10.1992 at 4 p.m. and was to work till 8 a.m. of next morning. It is alleged that Kanshi Ram (deceased) left his quarter, which is situated at village Ber Sai, at about 3.30 p.m. on 24. 10.1992 to attend his duties. He had carried his clothes with him in a bag because he was to leave on the next morning from Solan Brewery for his village to celebrate Diwali festival. It is further case of the prosecution that deceased Kanshi Ram was residing in the quarter with Smt. Krishna Devi (P.W.17), whom he had told that he would not be coming back from the Plant on the following morning because he would be leaving for his village. The case of the prosecution is that the appellant- accused was required to attend his duties at ETP Tank at 8 a.m. on 25.10.1992. Shri P.K. Dutt (P.W.-2) Brewer, went to the room of the Operators of ETP Tank on 25.10.1992 when the accused told him that at 8 a.m. when he reached at E.T:P. Tank for duty, the deceased was absent and the lights etc. in the ETP Tank area were on. Thereafter, P.W. P.K. Dutt asked the accused to search for Kanshi Ram and let him know his whereabouLS by 1 p.m that day. The appellant accused did not report to Shri P.K. Dutt, an Officer of the Company, as was directed by him. 26th and 27th October, 1992 were holidays in the Brewery. In the morning of 28.10.1992 brother and maternal uncle of deceased TKanshi Ram told one Shri G.C. Bamra, Chemist of Solan Brewery, that deceased had not reached eithcr in his village or in the house of his in laws. Thus, all these persons expressed their suspicion which made the Company Officers to get the ETP Tank emptied. On getting the ETP Tank emptied the dead body of Kanshi Ram was seen therein, whereupon a report (Ex. PB) with regard to the incident was lodged by P.W. P.K. Dutt with Solan Police on 28.10.1992. Inspector Kulwant Singh (P.W.-18). Station House Officer, Police Station, Sadar Solan, went to the scene of occurrence and started investigation. He prepared Inquest report (Ex.PO) and thereafter managed to send the deadbody of Kanshi Ram to the District Hospital, Solan, for autopsy. On receipt of the post-mortem report. First Information Report (Ex. PN) was recorded. The Investigating Officer prepared the site plan (Ex. PM) and recorded the statements of witnesses. He arrested the accused on 3.11.1992. During investigation, on 7.1.1992 he recovered letter (Ex. PF/l) written by the appellant accused to Smt. Radha Devi (P.W.-12) wife of deceased. After completion of investigation, charge-sheet was laid before the Chief Judicial Magistrate, Solan, who committed the same to the Sessions Judge, Solan, for trial.

(3.) The accused pleaded not guilty to the charge and claimed to be tried. In his statement under Section 313 of the Code of Criminal Procedure, he pleaded that he had been falsely implicated in the case at the instance of the officials of the Solan Brewery so that they were not implicated for their negligence regarding the death of Kanshi Ram. However, no defence was led by him.