STATE OF HIMACHAL PRADESH Vs. RAVI KUMAR

JUDGEMENT

(1.) THIS petition is treated to be a petition under Section 482 of the Code of Criminal Procedure, on the request of learned Law Officer.

(2.) THE facts germane to the present petition are that during the intervening night of 11th and 12th July, 2005, the respondent -accused came from Manimajra and had stayed along with his wife Monika (deceased) in "Ganga Lodge" Hotel at Una wherein Shri Krishan Kumar (PW13) was the Manager and Sudama Mahato, a waiter who was attending the aforesaid couple. Following morning, the accused -respondent is alleged to have slipped away from the hotel on the pretext that he was going out to smoke a cigarette outside and would return within ten minutes but, he did not return. The hotel staff entertained a suspicion, thus Sudama Mahato waiter was sent to verify from the room where the couple was staying but it was found locked. Thereafter, the Manager opened the door of the room with a duplicate key and found Monika strangulated with dupatta. She was dead. The matter was reported to the Police and autopsy of the dead body was performed.

(3.) THE statement of Sudama Mahato under Section 161 of the Code of Criminal Procedure was not recorded by the Police nor was he cited as a witness in the challan.