STATE OF HIMACHAL PRADESH Vs. DINESH KUMAR

JUDGEMENT

(1.) By way of the present appeal, State has challenged judgment passed by the Court of learned Additional Sessions Judge, Ghumarwin, District Bilaspur, in Sessions Trial No. 6/7 of 2008 dated 16.11.2010, vide which, learned Appellate Court has acquitted accused for the offence under Section 302 read with Section 34 I.P.C.

(2.) In brief, the case of the prosecution was that on 12.03.1997 accused Malkiat Singh, Davinder Pal, Dinesh Kumar, Bablu & Munjna came to Bilaspur and stayed at Chandel Hotel for one night. Thereafter, on 13.03.1997 these accused hired taxi bearing registration No. HP-02-4532 from Bilaspur to Deot Sidh. Deceased Kishori Ram was driver of the said taxi. In between 9.00-10.00 A.M. while they were proceeding towards Shah Talai, Kishori Ram stopped the taxi at Awari to meet his grand father. Kashu Ram PW-3 met the deceased at Awari and he also saw four passengers in the taxi who were travelling in the same.

(3.) Pw-26 Hari Ram visited the spot, prepared site plan and also took into custody articles lying near the car. The vehicle as well as the dead body were taken into possession. Postmortem was got conducted and Dr. Sushil P. Vermani PW-13 opined that the deceased died due to head and maxillofacial injury. Deceased was identified by PW-3 Kashu Ram. Among the articles which were recovered at the spot, one diary of accused Dinesh Kumar was also taken into possession by PW-26. He alongwith PW-5 Dev Raj and PW-14 HC Daljit Singh went to Mandi Govindgarh on the basis of address mentioned in the diary Ext. PW24/D. They contacted Ram Chand, father of accused Dinesh Kumar, who informed that the accused was residing in the rented house of Tara Chand. Thereafter, PW-26 proceeded to Dalip Nagar where rented house was situated and found the same locked from outside. However, he heard some noise inside the house and PW-26 knocked the door. When no one responded, the door was broken open. Malkiat Singh and Davinder Pal were found inside the house. When the house was searched, one blood stained pant and jacket were recovered from the house which were taken into possession. Both Malkiat Singh and accused disowned that the pant and jacket belonged to them. Thereafter, PW-26 visited Ganganagar to apprehend accused Dinesh Kumar. Accused Malkiat Singh and Davinder Pal were arrested and brought to Police Station and on 20.03.1997 accused Malkiat Singh made a disclosure statement Ext. PW5/C in presence of witnesses Dev Raj and Rafiq Mohamad, on the basis of which accused demarcated the place of occurrence Ext. PW5/D and Investigating Officer accordingly prepared site plan of the place so demarcated vide Ext. PW24/A. In the course of investigation register of Chandel hotel Bilaspur, where accused Dinesh Kumar and other co-accused, were staying, were also taken into possession.