STATE OF H.P. Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS appeal is directed by the State against the judgment of the Sessions Court, whereby respondent Ashok Kumar, who was charged and tried for offence, under Section 302 of the Indian Penal Code, has been acquitted.

(2.) ALLEGATIONS on which the respondent was challaned, charged and tried may be noticed. Deceased Madan Lal and the accused were employed at two embroidery shops adjacent to each other at Amritsar. Both of them were natives of village Sanoh in Amb Tehsil of Una District. Both of them came to their native place three-four days before Raksha Bandhan festival of the year 1991. On 30.8.1991, the deceased disappeared from the village all of a sudden. A day or two after his disappearance, PW-1 Savitri Devi, the mother of the deceased, asked the respondent if he had seen the deceased. The respondent told that he had Whether reporters of the local papers may be allowed to see the judgment? seen him going in the company of an Army man towards Hamirpur. On 23.10.1991, a human skull and some bones were found lying in the jungle near village Sanoh. A pair of V-shaped Chappal was also found lying in the said forest. That pair of Chappal was identified to be that of the deceased by PW-1 Savitri Devi. On 24.10.1991, PW-1 Savitri Devi accompanied by a Member of the Gram Panchayat PW-6 Parkash Chand, proceeded to Police Station, Amb to lodge report with the police. A police official, namely PW-16 S.I. Balwan Singh met them on the way. PW-1 Savitri Devi made a statement to him, which was reduced into writing under Section 154 Cr. P.C. The statement was sent to the Police Station for the formal registration of the case. Police visited the site where the skull and some bones were found lying. The same were taken into possession. The pair of Chappal, produced by PW-1 Savitri Devi, was also taken into possession. On 25.10.1991, the respondent was arrested at Amritsar. He was brought to Police Station, Amb and interrogated on 27.10.1991. He made a disclosure statement leading to the discovery of the pants and shirt of the deceased. He made another disclosure statement on 29.10.1991 pursuant to which a wrist watch was recovered and the same was identified to be that of the deceased by PW-1 Savitri Devi.

(3.) FURTHER , it was found during the investigation that 3-4 days prior to Raksha Bandhan, which was on 25th August, 1991, the respondent had borrowed a sword from PW-7 Mehar Chand on the pretext that he wanted to butcher a pig and the said sword had been returned to him 3-4 days later. Blood stains were noticed by the Chemical Examiner near the hilt of that sword.