STATE OF H.P. Vs. KISHAN CHAND

JUDGEMENT

(1.) Assailing the judgment dated 02.06.2011, passed by the Additional Sessions Judge(II), Kangra at Dharamshala, District Kangra, H.P., in RBT S.C. No. 72-B/VII/2010/S.T. No. 14/2010, titled as State Vs. Kishan Chand, whereby accused stands acquitted, State has filed the present appeal under the provisions of Sec. 378 of the Code of Criminal Procedure, 1973.

(2.) It is the case of the prosecution that on 01.03.2010, a telephonic information was received at Police Station, Baijnath, that one dead body in a gunny bag was found lying in Parie Nalla. Rapat (Ex.PW.16/A) was recorded in the Police Station and SHO Joginder Singh (PW.16) proceeded to the spot. In the presence of accused Kishan Chand, Prem Bahadur (P W.1) and Lok Bahadur (PW.2) dead body was taken into possession by the police. On the basis of Rukka (Ex.PW.16/B), FIR No. 30/2010, dated 02.03.2010 (Ex.PW.13/A), came to be registered at Police Station, Baijnath, District Kangra, H.P., under the provisions of Sections 302 and 201 of the Indian Penal Code. Postmortem of the dead body was conducted by Dr. Raj Kumar (PW.10), who issued report (Ex.PW.10/D).

(3.) Investigation revealed that in the night of 27.02.2010, accused and the deceased had consumed liquor in the shop of Ram Lal (PW.9), where the accused had quarrelled with the deceased. Thereafter, accused killed the deceased and threw his body in the nalla. Such incident of throwing was witnessed by Prem Bahadur and Lok Bahadur. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, Challan was presented in the Court for trial.