STATE OF HIMACHAL PRADESH Vs. UMESH SINGH

JUDGEMENT

(1.) The instant appeal stands directed against the judgment of the learned Sessions Judge, Solan, Himachal Pradesh, rendered on 1.9.2009, in Sessions Trial No.20-NL/7 of 2008, whereby the learned trial Court acquitted the respondent/accused for committing offences punishable under Sections 302 read with Section 34 IPC of the Indian Penal Code.

(2.) The facts, relevant to adjudicate the instant appeal, are that on 13.8.2008, Inspector Madan Kant Sharma, the then SHO Police Station, Baddi after receipt of an information recorded in Daily Diary register as report No. 54 along with ASI Kalyan Singh, HC Tejender Singh, Constables Sher Singh and Desh Raj proceeded to the spot. On reaching there, they found a dead body lying in bushes in a lonely place near Truck Union Baddi. The said Inspector after getting the dead body photographed, inspected the dead body of the deceased and found the person having been killed by strangulation with cloth used as Parna. He also found the blood having been oozed out of the nose of the deceased and also found injury marks on the backside of right ear and on the private part appearing to have been caused with pointed object. The vest and pants worn by the deceased were found torn. From the dead body an identity card issued by Election Commission was recovered on the basis of which the deceased was identified to be Harish Chander son of Satya Bhan resident of House No. 152 Aipura, Tehsil Bisauli, District Badayun. Thereafter, the dead body was identified by the co-villagers of the deceased, namely, Ram Bahadur and Naresh Kumar. Rukka was sent to the police Station concerned on the basis of which, FIR stood registered.

(3.) On conclusion of investigations into the offences allegedly committed by the accused a report under Section 173 of the Code of Criminal Procedure stood prepared and presented in the competent Court. The inspector aforesaid also initiated proceedings under Section 82 and 83 Cr.P.C against co-accused Ominder who had absconded.