STATE OF H. P. Vs. AMAR SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of the Sessions Court, whereby the respondents Amar Singh, Ravi Kumar and Braham Chand, who were charged with and tried for an offence punishable under Section 302 read with Section 34, Indian Penal Code, have been acquitted.

(2.) THE allegations that were made against the respondents, in the report under Section 173 Cr.P.C. may be summed up thus: Deceased Suresh Kumar son of Parmod Singh (PW5) after taking his meals in the night of 19.9.1990 went to a room of his house along with Vivek Kumar (PW4) one of his first cousions as he and PW4 Vivek Kumar were supposed to sleep in that room. They were yet to go to sleep, when one Satish Kumar who was co-accused with the respondents, but on account of his being a child was sent to the Children Court, shouted the name of deceased from out side his house and called him out. The deceased then left the room. He did not return for the night. Next morning, his dead body was found in the cow shed of one Bhavlesh Kumari in village Marrera falling within the jurisdiction of Police Station Lambagaon. Report was lodged with the Police by one Ravinder Singh, which was entered in the register of F.I.R. Copy of the said report is Exhibit PB. A.S.I. Kashmir Singh (PW15) then went to the spot. He conducted inquest. Several injuries, including some cut injuries, on the back side of the head just above the neck were noticed. One note, purporting to have been addressed by the deceased to his mother, was also found lying near the dead body. As per the contents of this note, the deceased had committed suicide, because of his having been given to bad habits like smoking and illicit relations with a few girls of the village. Post mortem examination of the dead body was conducted by Dr. D.S. Chandel (PW1), who noticed incised wounds on the occipital region of skull, left parietal region, over the eyes, right mandible area, below the right ear and left iliac-crest parallel to iliac-crest. It was opined that the cause of death was hemorrhage shock, due to bleeding from the multiple wounds.

(3.) IT appears that on 27-9-1990 Suman Kumar one of the three arrested suspects told the Police that not he and other two arrested persons but the present respondents were involved in the commission of the crime. Police then arrested them. They were interrogated. In the course of their interrogation, they made disclosure statements, leading to the discovery of an axe, a knife and a toka (Chopper). Blood stains were found on all these three alleged weapons but the origin of the blood, that is to say whether it was human blood or blood of some animal could not be ascertained.