STATE OF H.P. Vs. MOTI SINGH

JUDGEMENT

(1.) RESPONDENTS , alongwith one more man, named Tashi Norbu, were challaned by Kaza police for being tried for offences punishable under Sections 302 and 201 of the Indian Penal Code. Tashi Norbu, the fourth accomplice of the respondents, allegedly absconded and so, proceedings were conducted against him under Section 299 Cr. P.C. The present respondents were charged with offences punishable under Sections 302 and 201 I.P.C. for murdering one Ram Nath, a Range Officer, and throwing his dead body into a river with intent to destroy the evidence.

(2.) PROSECUTION version may be noticed first. On 30th October, 1986, PW-7 Hari Dass hosted a dinner at his residence at Kaza. The three respondents, their absconding accomplice, deceased Ram Nath and one Sonam Gyacho (PW-2), were the guests. The host and the guests consumed three bottles of liquor. When the host and the guests were drinking, deceased Ram Nath and respondent Moti Singh happened to quarrel over some petty matter. With the intervention of the host and other guests, they patched up. Thereafter they started taking their meals. When the meals were being taken, respondent Moti Singh dealt a blow of scale (foot-rule made of brass) on the head of deceased Ram Nath. Then Harish Chand slapped deceased Ram Nath twice or thrice on his face. Thereafter the three respondents and Sonam Gyacho (PW-2) left the house of the host together for their respective residences. Deceased and absconding accomplice of the respondents, named Tashi Norbu, left the house of the host some time after the respondents and Gyacho were already gone. Ram Nath had been residing with the respondents in some rented accommodation at Kaza. He did not reach the tenement that night. Two days later, respondent Hira Lal went to the DFO under whom the deceased was working, and informed him that the deceased had been missing.

(3.) ON completion of the investigation, the three respondents were challaned in the Court of concerned Judicial Magistrate, who committed the case to the Sessions Court. The Sessions Court charged the respondents with the offences punishable under Sections 302 and 201 of the Indian Penal Code and on their pleading not guilty put them on trial.