RAKESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petiti ner has filed the present petition against the order dtd. 30/8/2025 passed by learned Additional Sessions Judge-II, Una, District Una, H.P. (learned Trial Court) vide w ich an application seeking discharge filed by the petitioner (accused before the learned Trial Court was dismissed. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present petition are that the police presented a challan before the learned Trial Court for the commission of offences punishable under Ss. 302 and 201 read with Sec. 34 of the Indian Penal Code (IPC). It was asserted that the police received information on 12/12/2023 at 1:20 a.m. that Sant Prakash co-accused, had shot a labourer. The police went to Sant Rice Mill, where the incident had taken place. They ound the blood stains near the rice sheller. HHG Paramjeet was directed to preserve the spot. The police found that the injured was taken to Naya Nangal Hospital for treatment. The police went to Naya Nangal Hospital and the Medical Officer disclosed that the injured was brought dead. Sant sh Kumar made a statement that Sant Prakash was beating Ghura (since deceased). Ritesh Kumar, Hira, Ram Lal and and Rakesh Kumar (petitioner/accused) tried to rescue Ghura from Sant Parkash. Sant Parkash shot Ghura. Sant Parkash went to his room and brought the key to the vehicle. Rakesh Kumar and Sant Parkash took the injured to the hospital. The Medical Officer declared Ghura to be brought dead. The police registered the FIR and investigated the matter. The police searched for Sant Parkash and Rakesh. The police traced their location with the help of Cyber Cell. Three people were found moving outside R.K. Hospital. One person identified himself as Sant Parkash, who disclosed that the injured person was sent to Chandigarh. Another person identified himself as Rakesh Kumar and did not disclose anything about the injured Santosh Kumar disclosed that Ghura had died, who was taken somewhere in the vehicle by Sant Parkash and Rakesh Kumar, who had returned to the hospital on oot. The police interrogated Sant Parkash and Rakesh Kumar, who took the police to the vehicle bearing registrati n No. HP-10B-8896, from where the dead body was recovered. The police investigated the matter. The police found, after investigation that Sant Parkash had shot Ghura and had parked the vehicle containing the dead body in a lonely place at a distance of two kilometres. Rakesh Kumar had assisted Sant Parkash in the concealment of the dead body. Sant Parkash and Raksh Kumar had misled the police for 30-40 minutes. The autopsy report revealed that the cause of death was hemorrhagic shock due to injury to abdominal and thoracic contents caused by firearm injury, which was sufficient to cause death in the ordinary course of nature. Hence, the charge sheet was filed before the Court.

(3.) The accused Rakesh Kumar filed an application for his discharge, asserting that he was falsely implicated. He was employed in the company owned by the co-accused. F I R showed that the accused/petitioner had tried to save Ghura from the co-accused. The accused is not shown to be a party to criminal conspiracy. His involvement is not disclosed. Therefore, it was prayed that the applicati n be allowed and the accused be discharged.