STATE OF HIMACHAL PRADESH Vs. KEHAR SINGH

JUDGEMENT

(1.) THIS appeal by the State, is directed against the judgment of the trial court, whereby the respondent has been acquitted of the charge, under Section 302 of the Indian Penal Code.

(2.) RESPONDENT was sent up for trial for the offence of murder by the police, on the following allegations. Deceased Tirath Ram and the respondent were seen together on 22nd February, 2003 at Bhunter. They went to the Dhaba of PW-4 Bhag Chand and took their meals around 5.30 p.m. From there, they went to the shop of Trilok Singh PW5. Deceased purchased utensils worth Rs.1700/- against cash memo Ext.PW5/A at that shop. Deceased and the respondent revisited the Dhaba of PW-4 and kept the utensils there for safe custody till the deceased collected the same on the next following day. From there, the deceased and the respondent went to the house of one Rakesh, a servant employed at the shop of PW-16 Hukam Ram. There, they started consuming liquor. Around 8.30 p.m. Hukam Ram (PW-16) and Tirlok Singh (PW13) noticed them consuming liquor at the place of said Rakesh Kumar. Since the owner of that place was Hukam Ram (PW16), he required the respondent and the deceased to leave that place, as they were consuming liquor unauthorizedly. Next day, around 9.00 a.m., dead body of the deceased Tirath Ram was spotted in the ground of a School at Bhunter, by someone, who informed PW-3 Uma Wazir, the Pradhan of the Panchayat and the latter, in turn, informed the police telephonically. Police reached the spot. Inquest was conducted. Dead body was sent for postmortem examination. The dead body was identified to be that of Tirath Ram by PW1 Dharam Chand and by PW2 Chande Ram. The latter is cousin of the deceased. Apparently, it appeared to be a case of killing by inflicting a head injury. So a case was registered under Section 302 of the Indian Penal Code. Police arrested the respondent on Ist March, 2003. He made a statement disclosing the place where the deceased was done to death, viz.. School ground. He was again interrogated and then he made a statement leading to the recovery of the utensils of the deceased from the shop of PW4 Bhag Chand. He made another statement that with the money removed from the pocket of dead body, he purchased a Scooter and got that scooter recovered. This statement he made on 5th March, 2003. He made yet another statement. This statement he made on 8th March, 2003 and pursuant thereto, a wrist watch of the deceased was recovered from his house.

(3.) TRIAL court held that the prosecution had not proved the aforesaid circumstances and acquitted the respondent.