STATE OF H P Vs. SURINDER MOHAN

JUDGEMENT

(1.) In this appeal the State of Himachal Pradesh has assailed judgment dated 8-5-1990 passed by Additional Sessions Judge (1). Kangra at Dharamshala, whereby the respondents were acquitted of the offences under Sections 302, 380, 457, 120-B read with Section 34, IPC.

(2.) The brief facts of the case are that Vipan Chand PW 11 made report Ex. PK to the police on 25- 3-1988 that shop of Piar Chand PW 12 and residence of Doctor Kewal Krishan, where he was residing alongwith Vijay Kumar, Gold Smith, were lying open and the dead body of Vijay Kumar was lying in a nearby pasture. He further complained that since the locks of the premises were also found broken open, the culprits had committed theft by breading open the safe after committing murder of Vijay Kumar. On receipt of this report investigation started, during which the dead body of Doctor Kewal Kdshan was recovered on the same day:

(3.) Autopsy on the dead body .of Vijay Kumar was conducted by Doctor K.S. Dhadwal PW 41, who has placed on record his post-mortem report Ex. PV/1 and opined that the cause of death of Vijay Kumar was fracture of temporal bone resulting in injury to his brain, shock and haemorrage. According to him, those injuries were ante mortem in nature and sufficient to cause the death of Vijay Kumar in the natural course. Similarly, autopsy on the dead body of Doctor Kewal Krishan was conducted by Doctor S.M. Mehta PW 40, who has placed on record his post mortem report Ex. PU /1 and opined that the death was due to liver injury resulting into shock and haemorrage. No poison was found in the viscera as per Chemical Examiners report Ex. PT/S.