STATE OF HIMACHAL PRADESH Vs. HARVINDER SINGH

JUDGEMENT

(1.) THE respondents were put on trial and acquitted of the offences under Sections 323, 365 and 302 read with Section 34 of the Indian Penal Code for allegedly abducting Atul Puri, causing simple injuries to Ravi Kumar and Yog Raj Gupta and causing the death of Rajneesh Singh.

(2.) IN brief, the prosecution story, as emerges from the prosecution witnesses can be stated thus: Harvinder Singh was the driver and Suraj Singh respondent was conductor of bus No. HIE -1387 of H.R.T.C. Kullu depot running between Jammu and Manali. S/Shri Ravi Dogra (PW3), Yog Raj, Vikas Kalia, Jagat Ram, Balram Kumar (PW2), Nand Chand, Atul Puri and Rajneesh (deceased) were B.Sc. students of the Agriculture University Palampur and they used to stay in the campus hostel. On 14.11.1991, after watching the movie, in the evening, they went to a shop where the cricket match between India and Australia was being telecast. It ended around 11 p.m. All the above named students waited for the bus, to take a lift up to their campus. The aforesaid bus reached there at about 11.30 p.m. They boarded the bus. The conductor demanded the fare of Rs. 5/ - per head up to Baijnath being a long route bus, as against 50 paisa per passenger up to the campus gate. The aforesaid students objected to the alleged unfair demand. However, the matter was settled at the rate of Re. 1/ - per person. The fare amount was paid by Vikas Kalia. When the bus reached near the campus gate, it was stopped. The said students alighted from the bus one by one but Atul Puri was not allowed to get down from the bus by Suraj Singh, conductor and the bus started moving ahead. Seeing this, all the seven students who had alighted near the campus - gate clung to the back portion of the moving bus. Harvinder Singh respondent took the bus to Baijnath bus -stand. Both the crews of the bus and the bus passengers started beating all the students. Ravi Singh (PW3) and Yog Raj were allegedly given beatings with the iron rods by Harvinder Singh and Suraj Singh. All of them ran hay -way to save their lives. Rajneesh (deceased) was allegedly caught hold of by 2 -3 persons, they banged him against the shutter of a shop. After about one hour all the students except Rajneesh Singh returned to the bus stand and thereafter went to Paprola Railway station and kept sitting in the railway boggie. When they came to know that the train would leave at 5.30 a.m. then they returned to the University campus in a bus, but they did not find Rajneesh even there. Thus the matter was reported to Shri S.K. Pathania (PW 18), the then Student 'sWelfare Officer. He took them to the Police Station, Baijnath. On 15.11.1991, S/Shri Ravi Singh (PW 3) and Jog Raj lodged a missing report (Ext. PC) of Rajneesh, in police station Baijnath. But the Baijnath police found it a case falling under the jurisdiction of Palampur police station, therefore, the said complaint was forwarded to that police station, for investigation where an FIR No. 357/1991 was registered on its basis, under Sections 323, 365 read with Section 34 of the Indian Penal Code.

(3.) ON 19.11.1991, at about 6.15 p.m. Kishori Lal, Pradhan of Gram Panchayat Baijnath informed the police telephonically that he was told by some children who were playing nearby that a dead - body was lying in the septic tank of Milap Chand (PW8), which was under construction. To this effect, Rapat Ex. PZ was recorded in Police Station Baijnath. The police informed their superior officers, SDM, Palampur and University authorities and visited the spot. The dead -body was taken out from the septic tank. Shri S.K. Pathania (PW 18) and Balram Kumar (PW 2) identified it to be the dead -body of Shri Rajneesh Singh. The police on the search of the dead -body found the currency note of Rs. 20/ - and coins of Rs. 4/ - alongwith some documents and bunch of keys from the pocket of the pant of Rajneesh, which were taken into possession vide memo Ex.PG. The inquest report Ex. PT was prepared in presence of the witnesses and the dead -body was sent for post -mortem examination. On 23.11.1991, the site plan of the place where the dead -body was found on 19.11.1991 was also prepared by the police.