STATE OF H.P. Vs. RAM LAL

JUDGEMENT

(1.) THE respondent was tried for and acquitted of the offence of murder, punishable under Section 302 of the Indian Penal Code by the Sessions Court, which has been assailed by the State in this appeal.

(2.) PRECISELY , the prosecution case has been that PW21 Shankar Dass had four sons. All were living separately. Nokhu (deceased) was his second son. He was married to Daya Devi about 14 years before his death. They were residing in village Nehra, Nokhu had a tailoring shop at village Mahadev. The respondent is the nephew of the deceased. He was studying in Senior Secondary School in Sundar Nagar with Yadvinder Singh (PW28).

(3.) ON 29.1.1992, at about 9.15 a.m., Pradhan Poshu Ram (PW1) informed the police telephonically that a dead body was lying on a passage, besides Gagar -Nallah in village Nehra. The said information was recorded in the daily -diary Ex.PM. The police proceeded to the spot. It was identified to be the dead -body of Nokhu Ram which had various ante mortem injuries. The police recorded the statement of Poshu Ram, aforesaid, under Section 154 of the Criminal Procedure Code, on the basis of which FIR Ex.PN was formally recorded. The police prepared the inquest papers Ex.PB. The police took into possession that watch, scissors, a pair of chappals, one biri bundle, 40 paise coins, metal box, semian from the spot along with blood stained earth vide memo Ex.PC. The dead body was sent for the post -mortem.