KASU BHAI Vs. STATE OF HIMACHAL PRADESH
HIGH COURT OF HIMACHAL PRADESH
STATE OF HIMACHAL PRADESH
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BHAWANI SINGH, J. -
(1.) These appeals (Criminal Appeal 102 of 1988, Kasu Bhai and another v. State of Himachal Pradesh, and Criminal Appeal 244 of 1988, State of Himachal Pradesh v. Kasu Bhai and another arise out of the same judgment of Sessions Judge, Kangra dated 26/02/1988, therefore, they are being decided by a common judgment.
(2.) The prosecution case, briefly, is that the accused were posted in their respective Units in Yol Camp Dharamshala. Captain P.V. Durga Parsad (P.W. 12), who was posted at the same place, was living in the accommodation for officers alongwith his wife Smt. Arunadhatti (PW-31) and minor child P. Nikhil (2 1/2). Their official accommodation, in the barrack, was divided by card-board wall and Captain Joginder Singh (PW-21) was living on the other side of the accommodation of Captain P. V. Durga Parsad whose own accommodation consisted of four rooms in a row. His bed room was located at the place where the two residence of these officers were separated by the cardboard wal1.
(3.) The incident is of 28/10/1986 between 8.30 to 9.00 p.m. when Captain P. V. Durga Parsad (PW-12) was on duty as Duty Officer at the Divisional Head Quarter, Yol Camp from 2.00 p.m. to 8.30 a. m. and Smt. Arunadhatti (PW-31) and the minor son were alone in the quarter. Captain Joginder Singh (PW-21) and his family, after enjoying "Chitrahar" and then "Buniyad Serials", came to their bed room located on the other side of the bed room of Captain P.V. Durga Parsad at About 10.00 p.m. He heard growning sound of Smt. Arunadltatti (PW -31) saying "Haye Haye". Suspecting foul play, he took his torch and went to the Artillary station nearby and sent for one non-Commissioned Officer and four Jawans, but only two Jawans could be available at that time. All of them went to the residence of Captain P.V. Durga Parsad. There, they found no lights in the Verandah, so the light was switched on and he shouted for the couple, but there was no response, though there was full light inside and the Television was also on which they found after entering the residence from the entrance door of the second room from the extreme. He found Mrs. Arunadhatti (PW-31) lying naked with her hands tied on her back and one side of the face touching the floor. There was blood on the floor underneath her body. They also found that Mrs. Arunadhatti was struggling to release her hands. They also noticed that a male child was lying motionless half underneath the "Charpai" towards the left side of the entrance door. Captain Joginder Singh (PW-21) directed Sentry to convey the message of this incident to the Military Hospital and Divisional Headquarter. Another Sentry was deputed to guard the spot. The Television was switched off and both the victims were shifted to the Military Hospital, but before this, Captain Joginder Singh had not only released the hands of Mrs. Arunadhatti but also covered her body with a coloured bed-sheet. Captain P. V. Durga Parsad (PW-12) was informed of the burglary telephonically at about 10.45 p.m. by the General Officer Commanding. He sought permission to leave the place of his duty from Major D. C. Tyagi and before leaving, conveyed his departure to Duty Clerk Havildar V. S. Thakur.;
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