STATE OF HIMACHAL PRADESH Vs. GULAM HUSSAIN

JUDGEMENT

(1.) Four accused namely Gulam Hussain (A-i), Shukardin (A-2), Din Mohammad (A-3) and Bashir Mohammad (A-4) were charged and tried by the Sessions Judge, Kangra Division at Dharamshala for the commission of murder of one Chainu and disposing of his dead body, in Session Trial No. 5/85. They were ultimately, acquitted under Sections 302/20i/34 of the Indian Penal Code, by the trial court on 21.12.1985. The State has challenged the judgment of acquittal in this appeal.

(2.) The prosecution case brieny stated is as under:-The deceased Chainu was dealing in merchandise business alongwith A-i. The prosecution case is that A-I owed an hinount of Rs. 200/ - to the deceased. On the night of 7.10.i984 at about 9 P.M. A-i is stated to have visited the house of Smt. Resho (PW-5) mother of the deceased, a resident of village Banodi, Tehsil Churah and called the deccased by name and asked him to accompany the former. PW-5 and her daughter were awake at that time and a lamp was lit in the house. The deceased is stated to have accompanied A-i who thereafter had not returned to his house. PW-5 made inquiries from her relations but the whereabouts of the deceased were not known. One Rauo (PW-l) a child aged about 15 years, saw a dead body besides, other clothes, namely blood stained woollen TChadarT, shirt and pant and footwears lying in Chhai-Ka-Nala on October i2, i884 while he was grazing cattle. He narrated this fact to his father Bainsu (PW-2) who, in turn, told PW-5 about the dead body having been seen by his son. PW-5 went to the place and on seeing the dead body and also clothes identified the same to be that of her son Chainu.

(3.) PW-2 went to Police Station, Kihar and reported the matter through (Ex. P A) on 12.iO.i984 at 9 P.M. Thereupon two constables alongwith local residents were deputed by the Incharge, Police Station, Kihar to guard the dead body till the following day. The Station House Officer Shri Mast Ram (PW-20) visited the spot on 13.iO.1984 at about 2 P.M. He visually inspected the spot and got the dead body photographed and thereafter recorded the statement of PW-5 under Section i54 Cr. P.C. (Ex. PP). He sent Ruqa for the registration of the case on the basis of which First Information Report (Ex. PP/2) was registered on i3.iO.i984 at 2 P.M. in Police Station Kihar. He filled inquest report (Ex. PC) and searched the pocket of the pant of the deceased and on such search a letter (Ex. PD) purporting to be in the hand-writing of the deceased addressed to A-i was recovered. Thereafter, he arranged to send the dead body of Chainu to the District Hospital Chamba for autopsy. During investigation, the police found that A-i alongwith other accused had consumed liquor in a hotel at Kihar on 7.iO.i984 and later under the influence of liquor they had left for village Banodi. Further investigation also disclosed that A-3 father of A-i was seen throwing GathriT (bundle of clothes) by Smt. Reham Bibi (PW-4) in Banadi-ka NallaT which includes a shirt, pyjama, a cloth piece in the shape of handkerchief (Exts. P-S to P7) which GathriT was tied with a stone and a wire gauge (Exts. P-8 to P-9). PW-5 produced two other letters (Exts. PD/I and PD/2) indicating that A-I owed some money to the deceased. All these letters were sent to the handwriting expert who opined that they were written by one and the same person.