RAKESH KUMAR Vs. STATE OF H.P

JUDGEMENT

(1.) This judgment shall dispose of both the petitions arising out of FIR No. 199/16 registered Whether reporters of Local Papers may be allowed to see the judgment? Yes. against them and their co-accused Gautam Singh, Rishi Kumar and Shrawan Singh under Sec. 302, 201 read with Sec. 34 of the Indian Penal Code in Police Station, Jogindernagar, District Mandi, H.P.

(2.) The allegations, as disclosed from the record, against the accused-petitioners and their co-accused Gautam Singh, in a nut-shell, are that they were occupying car bearing registration No. HPO1M-1313.

(3.) The investigation conducted by the police only speaks about the altercation initially took place between the deceased and the accused persons, however, qua that also they have associated the witnesses who had come to Chauntra Bazar to consume alcohol. The allegation that the accused party again returned to Chauntra Bazar from Bajgar khud, cogent and reliable evidence qua it is missing, as no-one has been associated from the Bazar who may have witnessed the occurrence i.e. inflicting injuries by accused-petitioner Ranjeet Singh on the person of deceased with knife. On the other hand, some of the persons associated by the police during the course of investigation have stated that it is the deceased who was under the influence of liquor and had been abusing the people in the market without any rhyme or reasons and even slapped an old person sitting in the rain shelter. Another person assaulted by him allegedly went to Police Chowki, Sainthal.