STATE OF HIMACHAL PRADESH Vs. BUDH RAM

JUDGEMENT

(1.) This appeal has been filed by the State against judgment dated 22.08.2008 passed by the Court of learned Additional Sessions Judge, Sirmaur at Nahan in Sessions Trial No. 1 -N/7 of 2005, under Sections 364 and 302 of the Indian Penal Code vide which, the learned trial Court has acquitted the accused of the offence alleged against him.

(2.) The case of the prosecution, in brief, was that deceased Mohinder Singh was working as a Beldar in H.P. P.W.D. department. On 10.10.2004, he went to Puruwala in order to purchase medicine at around 2:00 p.m., but did not return back. PW -1 Gohro Devi conducted search of her husband and when she could not locate him, she lodged a rapat with the police on 12.12.2004 regarding the fact that her husband was missing. Copy of the said rapat is Ex. PW1/A, which was recorded by HHC Amar Singh (PW -11), the then MC, Police Station, Paonta Sahib. The deceased in fact was seen going with the accused on a scooter towards Paonta Sahib on 10.10.2004 at about 5:00 p.m. by Mahima Nand (PW -2), whereas at about 2:00 p.m., the deceased and the accused had gone to the house of Parkasho Devi (PW -5) and thereafter, they had left towards Malwa for purchasing fish. Yusuf (PW -4) also saw the deceased with the accused on 10.10.2004 at about 7:00 p.m. sitting on a parapet on the side of the road near canal in village Kulhal consuming liquor and after one hour, when Yusuf (PW -4) returned back, then he saw that the accused was going alone on his scooter. Parkasho Devi (PW -5) on inquiry after 3 -4 days told PW -1 Gohro Devi that the deceased had gone with the accused towards Malwa Cotton Mill. About one year before 10.10.2004, Gohro Devi (PW -1) was called by Rekha, wife of accused to her house and told that accused was suspecting that Rekha Devi was having illicit relations with the deceased. Therefore, she suspected that the deceased might have been kidnapped by the accused on account of the abovementioned suspicion in order to kill him.

(3.) On the basis of the report lodged by Gohro Devi (PW -1), FIR Ex. PW1/B was recorded in Police Station, Paonta Sahib by Inspector Narveer Singh (PW -17). The accused on inquiry by Gohro Devi (PW -1) also told her that he had gone with the deceased on 10.10.2004 to the liquor shop near Malwa Cotton Mill and he had left the deceased at the liquor shop. Further, as per the prosecution, on 16.10.2004, Ram Kumar (PW - 10), who had gone to the fields in Village Jadhari at about 1:30 p.m. noticed that an unidentified body was lying in the canal. He gave a telephonic information to police at Police Station, Chacharoli, District Yamuna Nagar and on the basis of the same, rapat in the daily diary Ex. PW8/A came to be recorded by HC Dilbagh Singh (PW -8). On receipt of the said information, ASI Arjun Singh (PW -15) went to the spot and recorded the statement of Ram Kumar. The photographs of the dead body were taken by Suresh Kumar (PW -14) and the dead body was identified to be that of Mohinder Singh by his relatives. The inquest report Ex. PW10/A was prepared by ASI Arjun Singh (PW -15) and the body was sent for post mortem examination. The post mortem examination was conducted on 18.10.2004 by Dr. P.K. Paliwal (PW -19) and as per his opinion, the deceased died due to "alcohol poisoning" .