STATE OF HIMACHAL PRADESH Vs. BHAG SINGH

JUDGEMENT

(1.) This appeal is instituted at the instance of the State against the judgment dated 31.8.2009, rendered by the learned Addl. Sessions Judge (FTC), Chamba, H.P. in Sessions Trial No. 5/09, whereby the respondent -accused (hereinafter referred to as accused), who was charged with and tried for offence punishable under Sec. 302 IPC, has been acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 10.7.2008, at about 6:30 AM, Roop Lal (now deceased), resident of village Dhanawal, alongwith his cousin Des Raj had gone from his house situated at Dhanawal to Bhanjararu to visit a fair but did not return back to his house in the evening. On the next day i.e. on 11.7.2008, in the morning, the dead body of Roop Lal was found lying behind a liquor shop, situated near bus stand Jhajhakothi. Ward Member Gram Panchayat Jhajhakothi, namely, Jeet Singh telephonically informed the police that the dead body of Roop Lal was lying behind the liquor shop near bus stand Jhajhakothi. The police reached the spot and recorded the statement of Lekh Raj (brother of deceased) under Sec. 154 Cr.P.C. Inquest papers were prepared. The body was sent to the hospital where post mortem was conducted. Blood stained earth was lifted from the spot. On completion of the investigation, challan was put up after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as 15 witnesses. The accused was also examined under Sec. 313 Cr.P.C. He denied the incriminating circumstances put to him. The learned trial Court acquitted the accused, as noticed hereinabove. Hence, this appeal.