STATE OF H P Vs. NARENDER KUMAR

JUDGEMENT

(1.) On 13.1.2012, Yashwant Singh (PW-5) noticed dead body of a male, lying below a Car bearing No.DL-2C- 5286, somewhere between Newti and Kalara, information whereof, was telephonically given to Police Station, Nerwa. Police Party, headed by SI Hari Ram (PW-23), reached the spot and conducted necessary investigation. Statement of Dinesh Chauhan (PW-1), under the provisions of Section 154 of the Code of Criminal Procedure (Ex.PW-1/A) was recorded, which led to registration of FIR No.4/2012, dated 14.1.2012 (Ex.PW-17/A), under Section 302 of the Indian Penal Code at Police Station, Nerwa. On the request the of Investigating Officer, a team of Experts from the State Forensic Science Laboratory, Junga, District Shimla, Himachal Pradesh, inspected the spot on 14.1.2012. They took samples of fingerprint, paint/blood from the vehicle and the blood stained soil. Inquest Report (Ex.PW-10/B) was prepared and dead body sent for postmortem, so conducted by Dr. A.K. Sharma (PW-10), who issued report (Ex.PW- 10/C). Investigation revealed the accused to be involved in the crime. Hence, the accused, who was arrested on 28.1.2012, made a disclosure statement on 4.2.2012 (Ex.PW-11/A), to the effect that he could get identified the place where he had consumed liquor with the deceased as also the spot of crime, and pursuant thereto, he got such fact discovered. Investigation further revealed that the accused intentionally and voluntarily caused disappearance of evidence of murder. Police took on record several incriminating articles and with the completion of investigation, which prima revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(2.) Accused was charged for having committed offences, punishable under the provisions of Sections 302 and 201 of the Indian Penal Code, to which he did not plead guilty and claimed trial.

(3.) In order to establish its case, prosecution examined as many as 26 witnesses and statement of the accused, under the provisions of Section 313 of the Code of Criminal Procedure, was also recorded, in which he took plea of innocence and false implication. However, he did not lead any evidence in defence.