STATE OF HIMACHAL PRADESH Vs. ALAMGIR ALIAS AALO

JUDGEMENT

(1.) This appeal has been filed by the State against judgment passed by the Court of learned Additional Sessions Judge (II), Kangra at Dharamshala dated 06.01.2012 in Sessions Case No. 22 -J/2011 vide which, learned trial Court has acquitted the accused for commission of offences under Sections 302 and 201 of the Indian Penal Code.

(2.) The case of the prosecution was that on 18.04.2011, Sounki Ram, husband of complainant Nakhro Devi, R/o Village Chukhyal had gone to a sawmill of one Rashpal, but he did not return back in the evening. In routine, Sounki Ram used to come from his work at around 8:00/8:30 p.m. and he also used to give telephonic information in the neighbourhood in case he was not able to come back. However, on 18.04.2011, no such information was received from Sounki Ram by the complainant.

(3.) On 19.04.2011, in the morning one Guddo Devi and her son Sunil were going to Chukhyal jungle to bring grass and on their way they saw the dead body of Sounki Ram with injuries on the face and head of the dead body. Guddo Devi called Reena Devi, daughter of Sounki Ram, who told her mother Nakhro Devi and consequently, they went to the spot. In the meanwhile, Sunil had called Kuldeep Vice President of the Gram Panchayat, who informed the police. Nakhro Devi raised suspicion on the accused as in the past accused had beaten Nakhro Devi as well as her daughter and threatened to kill them. On the basis of the statement of Nakhro Devi recorded under Section 154 Cr. P.C., an FIR was lodged and the body of the deceased was sent for post mortem. From the spot, police took into possession sample of the soil, currency notes, mobile telephone, one diary, match box, cigarette packet, biddi bundle and two chappals.