STATE OF HIMACHAL PRADESH Vs. RAJINDER SINGH SON OF SHRI MOHAN LAL, RESIDENT OF VILLAGE, PALAT, POLICE STATION, THEOG, DISTT. SHIMLA

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 29.5.2004 delivered by the learned Sessions Judge, Shimla, whereby he acquitted the accused of having committed an offence punishable under Section 302 of IPC. Briefly stated, the prosecution story is that deceased Madan Singh along with accused Rajinder Singh was sitting in the shop of PW -3 Balak Ram, situated at village Deed. Madan Singh had come to his shop along with a pouch of liquor and thereafter an altercation took place between Madan Singh and Rajinder Singh. Balak Ram asked them to leave his shop, but they both refused to do so and they told Balak Ram that this matter was their personal matter and he (Balak Ram) should not interfere. Thereafter Balak Ram left his shop and went to his house with a view to telephone the family members of Madan Singh. He informed PW -1 Ramesh Kumar at about 9.00/ 9.30 p.m. about the fact that there was some altercation going on between Madan Singh and Rajinder Singh. He then went back to his shop where he found the dead body of Madan Singh lying in front of his shop. The body of Madan Singh was totally naked. Clothes were lying around his body and there were injuries on the head and face caused with one huge stone Ext. P -1.

(2.) IN the meantime, PW -1 Ramesh Kumar also arrived at the shop and then Ramesh Kumar rang up his other family members from the house of Balak Ram about the murder of Madan Singh. One of the family members PW -5 Tara Singh gave telephonic information in this regard to Police Station, Theog which was recorded in the daily diary register as Ext. P -1 at 2.15 p.m. on 8.5.2003. On receipt of this information, PW -12 Sub Inspector Raghuvir Singh immediately proceeded to the spot and reached there at about 3.25 a.m. On the morning of 8th May, 2003 statement of Ramesh Kumar was recorded under Section 154 Cr.P.C. and the same was forwarded to the police station and on this basis FIR Ext. PJ was recorded. Photographs of the body Exts. PM/1 to PM/15 were taken and their corresponding negatives were Ext. PM/16 to PM/30. Inquest of the body was conducted by PW -12 Raghuvir Singh and he prepared the inquest report Exts. PD, PE and PF on the spot. The blood stained stone Ext. P -1, which was lying near the dead body of Madan Singh, was taken into possession. The stone was covered with blood. Blood stained soaked earth was also recovered and taken into possession vide recovery memo Ext. P -C. The other articles of clothing were also taken into possession.

(3.) ACCORDING to the prosecution, Rajinder Singh was arrested from a nearby nallah by Station House Officer, Raghuvir Singh on 8th May, 2003, in the morning itself. While in custody Rajinder Singh is said to have made a disclosure statement under Section 27 of the Indian Evidence Act to the SHO in presence of PW -4 Roshan Lal and one Amar Singh. The so called disclosure statement in fact is a confessional statement and no recovery has been made pursuant to this disclosure statement and the same, therefore, cannot be read in evidence. The accused was got medically examined and certain injuries were found on his person. On the basis of this material, the accused was charged with having committed the murder of deceased Madan Singh.