STATE OF H P Vs. JOGINDER SINGH

JUDGEMENT

(1.) This is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment, dated 31.3.1994, of the Court of learned Additional Sessions Judge, Nahan, vide which the respondent was acquitted of the charge framed against him under Section 302/34 I.P.C.

(2.) Briefly stated the facts of the case are that on 12.8.1992 at 8.30 a.m., a report was lodged with the police vide rapat No.2, dated 12.8.1991, by one Ved Prakash that a Didag Tifri near waterfall, a body of an unidentified person was lying. On this report, the police proceeded to the spot and after some time, the body was identified to be that of one Rajinder Singh. The statement of Smt. Bimla Devi, wife of the deceased Rajinder Singh, was recorded at 11.45 a.m. on the same day in which she alleged that on the previous day, her husband had left the house at 7.00 a.m. stating that he was going to Sagrah and would come back in the evening. She waited for her husband up to 8-9 p.m., but, when he did not return, she took the meals and slept in the house along with her children. It was further alleged by her that during the night intervening 11/ 12.8.1992, at about 1.00 a.m., when she was sleeping in her house, one Joginder Singh, son of Bakhu Ram, who is respondent No. 1, had thrown stones on the roof of her house and proclaimed that he had killed her husband. She presumed that the said Joginder Singh may be under the influence of liquor and she kept on sleeping in her house. At about 9.00 a.m., on 12.8.1992, when she was in her house, one Het Ram came to her house and informed her that the said Joginder Singh respondent No.1, and respondent No.2 have killed her husband on the night of 11.8.1992 at about 10.00 p.m. and his dead body was lying at Chhokhala near Rajgarh-Nauhra road. Thereafter, the police also reached her house as per the rapat lodged with them and her statement was recorded by the ASI. On the basis of the said statement, the case was registered and after investigation, the challan was filed in the Court of the learned CJM, Sirmaur, who committed it to the learned Sessions Judge from where it was assigned to the learned trial Court, who tried the respondents leading to their acquittal.

(3.) We have heard the learned Deputy Advocate General for the State and the learned counsel for the respondent and have also gone through the record of the case.