SALEEM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been filed by the bail/applicant/accused, under, Sec. 439 Cr. P.C., wherein he seeks indulgence, of his being ordered to be released from judicial custody, whereat he is extantly lodged, for, his allegedly committing offences, constituted under Sec. 302 and under Sec. 201 of IPC, under FIR No.85 of 2017, registered with Police Station, Bharmour, District Chamba, H.P.

(2.) The fateful occurrence is alleged to take place on 20.9.2017. The inquest report prepared in quick spontaneity thereof, makes an unfoldment, qua the demise of the afore deceased, being a sequel, of his, suddenly falling onto the spill channel. In the post-mortem report also prepared in quick spontaneity, vis-à-vis, the fateful incident, the reasons' qua the afore demise, is ascribed, to be in result of cardio-pulmonary arrest, leading to death. One Karam Deen, a close relative of the deceased, in his signatured statement, recorded instantaneously, vis-à-vis, the fateful occurrence, has made disclosure(s), therein (a) that at the relevant time, owing to tripping, of, the electricity, hence water entering onto the spillway,and, for ascertaining the afore factum, the deceased hence moving onwards, upto a distance of 300 meters, and, his not returning to the place, whereat the afore Karam Deen was positioned, b) also he has made disclosures therein qua the deceased owing to darkness, prevailing in the region concerned, hence accordingly slipping, onto the spill-way, and c), AND his hence meteing his end. It is stated by the Investigating Officer concerned, that, the afore disclosure(s), are in consonance with the deployment(s), of the afore workmen, at, the site concerned.

(3.) Be that as it may, after a month elapsing therefrom, the afore Karam Deen, a close relative of the deceased, and, who was for the afore reasons, last in the company of the deceased, made an unsigned statement, under Sec. 161 Cr. P.C., before the Investigating Officer concerned, (i) whereunder he unfolded qua the bail-applicant extra-judicially confessing his guilt to him. The afore rendered statement, would, carry weight only upon i) the bail-applicant apparently holding the closest intimacy, with, him, and, hencehis taking to confide in the afore Karam Deen, However, the afore factum is negatived by the factum, qua a) the deceased and the afore Karam Deen, rather being closely related to each other, b) the thesis propounded in the subsequently recorded statement of Karam Deen, qua, at the relevant time, the bail-applicant and the deceased, being deployed to perform, the, apt duties, at the relevant site, standing negatived by the afore rendered statement(s) before this Court, by the Investigating Officer concerned,(c) with voicing(s) that at the time of the fateful occurrence, and, at the time when the body of the deceased stood recovered, from the relevant site, rather both the bailapplicant, and, the deceased, being thereat deployed, to, render their duties.