STATE OF HIMACHAL PRADESH Vs. JAGDISH CHAND

JUDGEMENT

(1.) State has appealed against the judgment dated 30.6.2011, passed by learned Sessions Judge, Sirmaur District at Nahan, Himachal Pradesh, in Sessions Trial No.21-ST/7 of 2011-2010, titled as State of H.P. v. Jagdish Chand, challenging the acquittal of respondent Jagdish Chand (hereinafter referred to as the accused).

(2.) We are called upon to adjudge the correctness of findings returned by the trial Court in acquitting the accused, in relation to an offence, punishable under the provisions of Section 302 of the Indian Penal Code, arising out of FIR No.283, dated 16.12.2009 (Ex.PW-29/A), registered at Police Station, Nahan, District Sirmaur, Himachal Pradesh.

(3.) There is no eye-witness to the incident and even though trial Court has not culled out the circumstances, pointing out guilt of the accused, but however, prosecution relies upon the following circumstances: (a) Despite Reena being engaged with the accused, deceased continued his intimate relationship with her, (b) on 14.12.2009, deceased Nand Lal was in Nahan in connection with official work, (c) accused and Reena together travelled to Yamunanagar, for obtaining a certificate and on their way back, from an STD Booth of Rinku Raj (PW-22) made a telephone call enquiring the whereabouts of deceased Nand Lal, (d) thus, having learnt about his location, accused travelled to Nahan and thereafter from the STD Booth of Kiran Bahadur (PW-13), again called him on the phone, (e) in the night intervening 14th & 15th December, 2009, accused had an altercation with the deceased and murdered him near Purviya Mohalla Shiv Mandir, (f) recovery of dead body in the morning of 16.12.2009, (g) admission made by the accused of having murdered the deceased. Confessional statement made in the presence of Ratti Ram (PW-10) and Ratti Ram Sharma (PW-11), (h) disclosure statement dated 30.1.2010 (Memos Ex. PW-1/H & Ex.PW-1/J) in the presence of Ramesh Dutt (PW-9) and Surender Singh (PW-1) and dated 1.2.2010 (Memo Ex.PW-1/K) in the presence of Narender Singh and Surender Singh (PW-1), leading to the identification of place of occurrence and the STD Booths where from calls were made by the accused to the deceased.