STATE OF H P Vs. RAJESH SINGH

JUDGEMENT

(1.) Assailing the judgment dated 21.12.2013, passed by the Additional Sessions Judge-I, Kangra at Dharamshala, H.P. (Circuit Court, Indora), in Sessions Case (RBT) No.23-I/VII/2013/2010, titled as The State of Himachal Pradesh Versus Rajesh Singh, whereby accused stands acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) It is the case of prosecution that sometime in the night intervening 22/23.05.2010 accused murdered Inder Kant. Thereafter he stole his personal belongings, including mobile phone and identity card. The sim of the Mobile phone as also the identity card were thrown away in the bushes. Later on dead body of the deceased came to be noticed by Uttam Chand (PW.1), who immediately informed the police and his statement under Section 154 Cr.P.C. (Ex.PW.1/A) came to be recorded by Inspector Karam Singh (PW.18). With the preparation of inquest report (Ex.PW.12/B), dead body was sent for postmortem, which was conducted by Dr. Amod Kumar (PW.12) and report (Ex.PW.12/D) taken on record. During the course of investigation, accused made two disclosure statements (Ex.PW.2/D) in the presence of Janak RaJ (PW.2) and (Ex.PW.4/A) in the presence of Rai Singh (PW.4), which led to recovery of incriminating articles vide memos (Ex.PW.2/E, Ex.PW.2/F & Ex.PW.6/A). Prima facie, finding the accused to have been involved in the crime, challan came to be presented in the Court.

(3.) The accused was charged under the provisions of Section 302 of the Indian Penal Code for having committed murder of Inder Kant, to which he did not plead guilty and claimed trial.