SURESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal stands directed against the judgment of the learned Additional Sessions Judge (II), Kangra at Dharamshala, District Kangra, Himachal Pradesh, rendered on 26.10.2015 in Sessions Trial No. 27 -D/VII/2013 whereby the learned trial Court convicted accused Suresh for committing offences punishable under Ss. 302, 120B and 201 of the Indian Penal Code. The learned Trial Court imposed upon accused Suresh the following sentence: - -

(2.) The facts relevant to decide the instant case are that on 25.2.2013 around 7.15/7.30 p.m. accused Suresh Kumar alongwith absconder accused Mohinder Singh went to taxi stand Shahpur and hired a taxi from Ashok Kumar to visit Boh Dharini. At that time Sachin, Anil Kumar and Arun Kumar were present there and had seen the accused Suresh, alongwith absconding accused Mohinder, leaving Shahpur to Boh Darini with Ashok Kumar. Around 8.30 p.m. Sachin had a telephonic conversation with the deceased on which deceased told him that he will come late in the night. As the deceased did not return home on 25.2.2013 his son Sachin went to the owner of taxi to inquire about his father. On the next day around 8.30 a.m. the aforesaid taxi was found parked at place 32 mile and the shoes of the deceased were lying in the Taxi. Thereafter, a missing report of the deceased was made. On 2.3.2013 son of the deceased came to know that accused Suresh and accused Mohinder have killed his father and thrown the dead body from a cliff. By the side another significant development took place that accused Jyoti Devi was found missing from her house as such her father Prithi Chand lodged her missing report. Pursuant to this missing report uncle of accused took the accused Suresh and Jyoti to P.S. Shahpur where accused Suresh disclosed that he and absconding accused Mohinder killed Ashok Kumar and thrown the dead body from a cliff at place Maned Nallah. In the investigation, it was also revealed that accused Suresh Kumar and absconding accused Mohinder had drinks with the deceased and they insisted the deceased to take the accused Jyoti alongwith them in his taxi to which deceased refused as such firstly the accused persons strangulated the deceased and then cut his neck with the knife and thrown the dead body in the khad at Maned Nallah. On conclusion of investigations into the offences allegedly committed by the accused a report under Sec. 173 of the Code of Criminal Procedure stood prepared and filed in the competent Court.

(3.) The accused stood charged by the learned trial Court for theirs committing offences punishable under Ss. 302, 201 & 120 -B read with Sec. 34 IPC to which they pleaded not guilty and claimed trial. In proof of the prosecution case, the prosecution examined 29 witnesses. On conclusion of recording of the prosecution evidence, the statements of the accused under Sec. 313 of the Code of Criminal Procedure were recorded by the Court, in which the accused claimed innocence and pleaded false implication. In defence, the accused chose to lead evidence and examined one witness as DW -1.