(1.) Challenging the acquittal of the respondents-accused, for culpable homicide amounting to murder, and destruction of evidence, the State has come up before this Court by way of the present criminal appeal.
(2.) The gist of the facts, apposite to arrive at a just conclusion, traces its origin to the General Diary No. 6(A), dated 19.5.2009 (Ext.PW-22/A), recorded at 6.25 a.m., in Police Station, Dehra, District Kangra, HP, wherein the President of Gram Panchayat Nehran Pukhar made a telephone call to Police Station Dehra, informing that one person is lying on the roadside at Nehran Pukhar. On receipt of this information, ASI Mukesh Kumar (PW-27), along with the other Police officials, reached the spot.
(3.) On reaching the spot, ASI Mukesh Kumar recorded the statement of Pradeep Sharma (PW-1) under Section 154 CrPC (Ext.PW-1/A). Pradeep informed the Police that on May 19, 2009, in the morning at around 6 a.m., his Mausi (mother's sister) Smt. Santosh, made a phone call to him, and informed him that Rajeev Sharma @ Vicky is lying on the roadside at Nehran Pukhar. Smt. Santosh told Pradeep to visit the spot. On reaching the place, Pradeep Sharma found Rajeev @ Vicky lying dead on the side of the road. He also noticed injuries on his head and chest and saw that a lot of blood had oozed out from such injuries. On seeing the spot, Pradeep inferred that during the intervening night of May 18, and May 19, 2009, Rajeev met with an accident with some vehicle, in a hit and run case.
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