SURAT RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT has preferred this appeal against the judgment of the Sessions Court, whereby he has been convicted of offences, punishable under Sections 302, 382 and 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- for offence under Section 302 I.P.C, to undergo rigorous imprisonment for five years and to pay a fine of Rs.5000/- for offence, under Section 382 I.P.C and to undergo imprisonment for one year and to pay a fine of Rs.2000/- for offence, under Section 201 I.P.C.

(2.) FIRST the prosecution version may be noticed. Appellant Surat Ram was employed as a grazier with PW-13 Achhar Singh, who appears to have a large herd of sheep and goats. PW-13 Achhar Singh Whether reporters of the local papers may be allowed to see the judgment? had close friendship with deceased Durga Dutt. Some time in the month of January, 2004, when the appellant and PW-13 Achhar Singh were in village Khudla, Tehsil Sarkaghat, District Mandi, with the herd of sheep and goats, the appellant was put on night watch duty by PW-13 Achhar Singh. The appellant went to sleep, as a result of which there was no check on the sheep and goats and they strayed into the nearby fields of the residents of the area and damaged the standing crops. Next morning, on coming to know about the damage to the crops by his herd of sheep and goats, he rebuked the appellant. The latter got enraged and tried to assault PW-13 Achhar Singh. Thereafter, the appellant disappeared . He went to Durga Dutt (deceased), a close friend of PW-13 Achhar Singh, on 9.1.2004 and told him that Achhar Singh's son had met with an accident and was admitted in PGI and money was required by him (Achhar Singh) for treatment of his son. He also told him that Achhar Singh's sheep and goats had damaged the standing crops of some farmers due to which those farmers had impounded the herd and money was required for compensating those farmers to secure the release of impounded herd. Appellant told the deceased that he had been deputed by Achhar Singh to request him to arrange and send money to him immediately.

(3.) ON 14th January, 2001 some ceremonies, in connection with the death of his father, which had taken place a month before, were to be observed and his presence during such ceremonies was essential. On 13.1.2004, his son PW-5 Rup Lal returned home from Sundernagar where he was employed with Himachal Road Transport Corporation. He was informed by his wife that the deceased had left in the company of the appellant on 10.1.2004 in the morning, but had not returned. PW-5 Rup Lal then started searching for the deceased.