STATE OF HIMACHAL PRADESH Vs. SHARDU AND ANOTHER

JUDGEMENT

(1.) State has appealed against the judgment dated 29.6.2009, passed by the learned Additional Sessions Judge, Fast Track Court, Chamba, Himachal Pradesh, passed in Sessions Trial No.22/2008/07, titled as State of Himachal Pradesh v. Shardu & another, challenging the acquittal of respondents Shardu and Shiv Kumar (hereinafter referred to as the accused), who stand charged for having committed an offence punishable under the provisions of Section 302 read with Section 34 of the Indian Penal Code.

(2.) It is the case of prosecution that on 20.12.2006, witness Arjun Singh (PW -4) saw the dead body of Surjan Singh lying in an open area, below the cliff, in Chanesar Nullah, village Devi Kothi. Accordingly, he informed Smt. Chhaknu (PW -2), Pradhan of the Gram Panchayat, about the same. One Karam Singh (not examined) also informed the police, which led the police party, headed by Inspector Hem Singh (PW -17), reach the spot. Inquest report (Ex.PW -17/A) was prepared in the presence of Shiv Ram (PW -1) (brother of the deceased) and Chaknu (PW -2). Police also took into possession torch (P -1), cap(P -2), boots(P -3) and one blood stained stone(P -4) in the presence of Karam Singh and Singh Ram (PW -3).

(3.) Investigation revealed that the deceased was married to accused Shardu, who was having illicit relationship with co -accused Shiv Ram. On 10.12.2006, deceased had caught both the accused, red handed, in the house of Karam Singh, when accused Shiv Ram extended threats of life to the deceased. Immediately, after the incident, accused Shardu went to her parental house in village Dadoga. On 19.12.2006, she met her son Pawan Kumar (PW -6) and asked him to convey her message to his father, that he should visit her at night. With the message having been conveyed, deceased left to meet his wife, but however, on 20.12.2006, his body was recovered. Investigation further revealed that the incident of 10.12.2006 was brought to the notice of Superintendent of Police, Chamba, vide written complaint (Ex.PW -7/A), so scribed by Rohtas (PW -7). Deceased had apprehended danger to his life from the hands of accused Shiv Ram.