STATE OF HIMACHAL PRADESH Vs. VIKRANT @ VICKY

JUDGEMENT

(1.) State has filed the present Revision Petition against the judgment dated 19.9.2012, passed by learned Principal Magistrate, Juvenile Justice Board, Kullu, Himachal Pradesh, in Criminal Case No.12-I of 2010/13 of 2008, titled as State v. Vikrant alias Vicky, challenging acquittal of juvenile Vikrant (hereinafter referred to as the Juvenile), who stands 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 in the night intervening 27th & 28th October, 2007, Varun Mahajan (deceased) alongwith his friends Divesh (PW-3), Lal Chand (PW-4), Arpit & Vinod Kumar (both not examined) were walking on the road somewhere at a place known as Shallang (Kullu). Juvenile Vikrant and main co-accused Manoj Kumar & Gauri Shankar, who also happened to be present there, picked up a fight and assaulted them with dandas. As a result, except Lal Chand, all received serious injuries. Soon co-accused Sanjeev Kumar arrived and forcibly took Varun Mahajan and Divesh Sharma in a vehicle (TATA SUMO). After covering some distance, he threw down Varun Mahajan and asked Divesh Sharma to deboard the vehicle.

(3.) Body of Varun Mahajan, who died as a result of beatings given by the juvenile and the co-accused, was first spotted by an unknown person, at a place known as Shishamati, information whereof came to be furnished on telephone at Police Post, Akhara Bazar. After recording rapat, SI Ram Karan (PW-18), immediately rushed to the spot and conducted the necessary investigation. Rukka (Ex.PW-14/A), sent to the Police Station, led to registration of FIR No.622, dated 28.10.2007 (Ex.PW- 14/B), for commission of offence under Section 279/304A of the Indian Penal Code. With the preparation of inquest report and completion of other formalities on the spot, dead body, so taken into possession was sent for postmortem, which was conducted by Dr. Sushil Chander (PW-14), who issued Postmortem Report (Ex.PW-12/A).