STATE OF H P Vs. SAT PAL

JUDGEMENT

(1.) AGGRIEVED by the judgment of the Sessions Court whereby respondent Sat Pal has been acquitted of the charge under Sections 302 and 201 of the Indian Penal Code, the State has filed the present appeal.

(2.) FIRST the relevant facts may be noticed. Appellant was sent up for trial for offences punishable under Sections 302 and 201 of the Indian Penal Code on the following accusation. Deceased Jit singh was employed as a labourer with the H. P. Public works Department. He used to work under mate Baddar Din (P. W. 9) and leave his house every day in the morning for the site of work and return in the evening. On 20-9-1990 also he left his house for the site of work but did not return in the evening. His brothers and other members of the family thought that he might have gone to visit some relatives. He did not return even on 21st and 22nd September, 1990. This became a cause of concern for his brother P. W. 7 Wattan Chand and his mother P. W. 19 jamuna Devi and they started searching for him. They made inquiries with P. W. 9 Baddar din, who informed that the deceased worked on 20th, 21 st and 22nd September, 1990 at takoli Ghatta under his supervision and that on 20th he went with Bhagat Ram (P. W. 10 ). On further inquiry Bhagat Ram told wattan Chand (P. W. 7), brother of the deceased that on reaching his place in his company, the deceased came to know from a sister of the respondent that the respondent had been bitten by a snake and, therefore, the deceased went to the house of the respondent to enquire about his health as his (deceased's) sister was married to the respondent. Bhagat Ram further informed wattan Chand (P. W. 7) that even on 21 st and 22nd the deceased had gone to the house of the respondent and stayed there for the night. When inquiries were made with the respondent, he denied that the deceased had visited him on any of the aforesaid three days. On 26th September, 1990 in the morning Wattan Chand (P. W. 7) went to Police station, Bangana and lodged a report that his brother Jit Singh (deceased) had been missing since 20th September, 1990. Copy of the report is Ext. PG. As per this report the deceased was 5' 4' tall (approximately)and had been wearing grey coloured shirt and Pyjama.

(3.) THE respondent and his wife, i. e. the sister of the deceased, did not have cordial relations and, therefore, the sister of the deceased left the matrimonial home and started living with the deceased and his brother Wattan Chand and their mother jamuna Devi. This was not to the liking of the respondent and he started nursing a grudge against them. He had once proclaimed that the deceased would have to pay a heavy price for providing shelter to his (respondent's) wife.