STATE OF HIMACHAL PRADESH Vs. SANJAY KUMAR

JUDGEMENT

(1.) Aggrieved by acquittal of respondent-accused vide judgment dated 30.10.2012 passed by the learned Additional Sessions Judge (I) Kangra at Dharamshala H.P. in Sessions Case No. 89-G/2010, in case FIR No. 69 /2010 registered under Sections 302 and 201 of the Indian Penal Code in Police Station Dehra District Kangra H.P., the State has preferred present appeal with prayer to set aside impugned judgment and to convict respondent-accused.

(2.) We have heard learned Deputy Advocate General for the appellant-State and counsel for respondent and have also perused record of the case.

(3.) On 12.06.2010 Crime Investigation Agency was set in motion by Lekh Raj Ward Panch Gram Panchayat Bhaner by telephonically informing Police Post Teras that dead body of Om Parkash was found on side of Kuhal near the road. Said information was further telephonically disseminated to Police Station Dehra by PW-14 ASI Manmohan, Chowki Incharge Police Post Taras. Police parties from Police Post Taras and Police Station Dehra headed by PW-14 ASI Manmohan Singh and PW-16 SI Tilak Raj reached on the spot. During investigation, it surfaced that deceased Om Parkash was unmarried and was doing shuttering business. His three brothers were serving out stations and Salochna wife and Vinod son of Krishan one brother of deceased, were residing with deceased Om Parkash in native village. On 11.06.2010 after taking meal at 10.00 AM, deceased Om Parkash left home for arranging shuttering. However he went Taras alongwith some residents of village namely Surinder Singh, Sat Pal, Rasal Singh, Ram Dei, Bishan Dutt Sharma and Sanjeev Kumar in vehicle No. HP-36-3291 driven by PW-4 Rajesh Kumar. All of them took meals in Langar at Lal Tanki Chowk in Taras and except Rasal Singh, Ram Dei and Bishan Dutt, all others visited Talwara for shopping. Thereafter they came to Police Post, Taras in connection with a complaint against PW-6 Surinder Singh made by one Parladh Singh. After compromising the said matter, they consumed liquor at liquor vend and had drinks at Lal Tanki also and thereafter started back to home. First of all Bishan Dutt had de-boarded vehicle near his house and thereafter Surinder Singh, Sat Pal Singh, Rasal Singh and Ram Dei alighted vehicle near their respective residences. Rajesh Kumar, Sanjeev Kumar and Om Parkash reached near Shiv Mandir where at a distance of about 500 yards, deceased Om Parkash alighted from vehicle after stopping it by compelling driver. Thereafter PW-4 Rajesh Kumar and Sanjeev Kumar also went to their respective houses but Om Parkash did not reach in his house but his dead body was noticed by people with small injury on his head with oozing blood out from nose and mouth. There were no other injuries or bruises on his body but his clothes and slippers were not there.