STATE OF HIMACHAL PRADESH Vs. KHEM SINGH

JUDGEMENT

(1.) THE instant appeal is directed by the State of H.P. against the judgment of the learned Presiding Officer, Fast Track Court, Mandi, District Mandi, H.P. rendered on 26.05.2008 in Sessions Trial No. 23/2007, whereby, the learned trial Court acquitted the accused/respondent of the charge of his having allegedly committed offences punishable under Sections 302, and 201 of the Indian Penal Code.

(2.) BRIEFLY stated the facts of the prosecution case are that on 3.3.2007 Sh. Bhagat Ram, brother of Beli Ram reported the matter in the Police Station, Gohar that Beli Ram is his elder brother. They are three brothers and he is the youngest one. The family members of his brother Beli Ram is residing at Thacha -dhar, but his brother Beli Ram has also purchased land at Mub -Kotmoras and has also constructed residential house there. His brother Beli Ram is a contractor of Forest Corporation, who had taken the work at Bagodh on contract and has employed the labourers for sawing and carriage. Sh. Prem Singh S/o Sh. Parshu Ram, R/o Village Khali -dhar whose house is situated at a distance of 150 -200 feet from the residential house of his brother Beii Ram at Mub Kotmoras has given information to him on telephone that on 28.2.2007 around 7.30 A.M. his brother Beli Ram had left the house alone on foot from Chandeh path carrying with him licenced gun, green colour bag and umbrella. On receiving the information on telephone on 2.3.2007 from the Police Station, Gohar that one bag of green colour was found near C.D. Block Bank at Dari in which the articles of his brother Beli Ram were found and on this he along with his relatives had gone for search of his brother Beli Ram but till date his whereabouts are not known. Mobile phone No. 94181 -64594 of his brother Beli Ram is not responding. Sh. Bhagat Ram has identified the bag and documents of his brother Beli Ram. He suspected that his brother Beli Ram might have been killed or kidnapped by someone as the financial condition of his brother is sound. On the report of Sh. Bhagat Ram, FIR No. 39/2007 for the offence punishable under Section 364 of the Indian Penal Code was registered at Police Station, Gohar. The police carried out investigation into the case. The accused was arrested on 4.3.2007 by the police. During the course of interrogation he made a disclosure statement under Section 27 of the Indian Evidence Act to the effect that he had murdered the deceased. On 5.3.2007, the accused after visiting the jungle Jawal demarcated the place where he had hidden the dead body of Beli Ram in presence of the witnesses and the same was taken out therefrom and taken into possession by the police. The police has also taken photographs and video film while the dead body was being taken out from the pit. The dead body was identified by Bhagat Ram to be of his brother Beli Ram. On examination of the dead body, it was noticed that there was gun shot near the left eye and ear of the deceased Beli Ram. Form the spot, the blood stained leaves and earth were taken into possession by the police. The accused has also got recovered the gun and umbrella from the heap of 'Chalaru' in the field which was near his house. The khakha of gun was prepared on the peace of cloth. The accused has also recovered the gold ring, three live cartridges which were also taken into possession by the police and the same were packed in a parcel and sealed with seal K. The police got conducted the postmortem examination of the body of the deceased and the viscera which was preserved by the Doctor, Zonal Hospital, Mandi along with gun, blood stained earth were sent to FSL, Junga for chemical analysis.

(3.) THE accused was charged by the learned trial Court for his having committed offences punishable under Sections 302 and 201 of the Indian Penal Code. In proof of the prosecution case, the prosecution examined 27 witnesses and also placed reliance on FIR Ex. PW3/A, recovery memo Ex. PW3/B, Form 25 -35 (1 -B) Ex. PW3/C, receipt regarding handing -over of dead body of deceased Beli Ram, Ex. PW3/D, copy of application Ex. PW4/A, recovery memo, Ex. PW4, kudali Ex. P2, umbrella, Ex. P3, gun Ex. P4, live cartridges Ex. P -5 to Ex. P -7, ring Ex. P8, empty cartridge Ex. P9, report Ex. PW4/C, naksha shazra Ex. PW4/D, statement of accused under Section 27 of Evidence Act, Ex. PW 5/A, demarcation report Ex. PW5/B, seizure memo Ex. PW5/C, Arrest notice Ex. PW5/D, signature of witness Raj Kumar Ex. PW6/A, demarcation memo Ex. PW6/B, memo regarding recovery and supurdari Ex. PW6/C, fard regarding currency note Ex. PW6/D, fard regarding Nokia mobile phone No. 2600, Ex. PW6/E, recovery memo Ex. PW11/A, search memo Ex. PW14/A, copy of application Ex. PW15/A, certificate Ex. PW15/B, copies of receipt Ex. PW15/C and Ex. PW15/D, copies of ledger Ex. PW15/E and F, gun licence, Ex. PW18/A, search memo Ex. PW18/B, hexa blade Ex. PW20/A, Bag Ex. P -1, nokia mobile 2600 Ex. P -11, Nokia mobile 1100, Ex. P12, sim card Ex. P -13, application for conducting postmortem of the dead body of Beli Ram Ex. PW23/A, postmortem report Ex. PW23/B, report of FSL Ex. PW26/A, R/C of motor cycle Ex. PW27/A, search memo Ex. PW27/B, form No. 25 -35 (1 -A) Ex. PW27/C, spot map Ex. PW27/D to Ex. PW27/J, pass book Ex. PW27/K, copy of rapat Ex. PW27/V, photographs Ex. PW25 -A -1 to Ex. PW25 -A -27, negative of photographs Ex. PW25/A -28 to Ex. PW25/A -54, copy of detail of calls Ex. PR, reports of chemical examiner Ex. PS -1 and Ex. PS -2 and copy of jamabandi for the year 2001 -02, Ex. P -10. On conclusion of recording of the prosecution evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure was recorded by the trial Court, in which the accused claimed false implication. However, no defence evidence was adduced by the accused.