LOK BAHADUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/accused/convict (hereinafter referred to as "the accused") laying challenge to judgment dated 18.10.2016, rendered by learned Additional Sessions Judge (CBI), Shimla, Camp at Theog, in Trial No. 35-T/7 of 2013, whereby the accused was convicted and sentenced for the offence punishable under Section 302 of Indian 1. Whether reporters of Local Papers may be allowed to see the judgment? Penal Code, 1860 (hereinafter referred to as " IPC ").

(2.) Leaving fiddling little details, the facts of the case can tersely be summarized as under:- On 17.5.2013, at about 05.30 p.m., Smt. Supna Devi (complainant), got her statement recorded in Police Station Theog. The relevant excerpts of her statement are that on 17.5.2013, around 03.00 p.m., when she was present in her home, two Nepalis came from Mohri, bazaar and they were quarrelling with each other. The complainant has further stated that one Nepali was lying on the ground and blood was oozing from his ear. She separated both of them and afterwards they went towards Mohri nallah. Around 04.30 p.m., the complainant saw them proceedings towards Sharmala, in a private bus. Subsequently, someone called that in between Mohri to Matiana two Nepalis were fighting. On this she rushed to the road and found a nepali person lying on the road, who had sustained injuries and another nepali person hurriedly went towards Mohri bazaar. Thereafter, she went to Mohri bazaar and when she returned, she saw nepali person, who killed other nepali sitting in the shop of Chander Prakash. She identified the accused and narrated this to other persons, who caught hold of him (accused). The deceased was found dead on the road and later on it was unearthed that his name was Harka Bahadur. It was also unearthed that accused and the deceased were engaged as labourers by Shri Madan Lal, Pradhan Gram Panchayat Sharmala. On the anvil of the statement, so made by the complainant, FIR was registered and investigation ensued. Police prepared the spot map and at the instance of the accused the spot was identified, wherefrom two disposable glasses were recovered. The spot was got demarcated from Patwari Halqa and a copy of jamabandi was also procured. The accused was medically examined. Police took into possession pieces of meat, potatoes and green chilly and the splinters of broken pieces of bottle were collected in a plastic jar, sealed and taken into possession. Police also took into possession match box, scalp hair, mud, gold stake case and grass. The corpse of the deceased was sent for postmortem examination and photographs of the spot were also clicked. Police also took into possession a pair of socks, a green T-shirt, a multi-colour shirt and a blue jean pants. Police also seized white vests, grey long sleeves jacket and a brown underwear. Statements of the witnesses were recorded in a CD/DVD. After conclusion of the investigation police presented the challan in the learned Trial Court.

(3.) In order to prove its case, the prosecution examined as many as twenty one witnesses. The statement of the accused, under Section 313 Cr.P.C., was recorded and he claimed innocence. No defence witness was produced by the accused.