STATE OF HIMACHAL PRADESH Vs. DEV RAJ S/O SH. CHINTU RAM, R/O CHANHIDI, PHATI & KOTHI SHESHER, TEHSIL & DISTRICT KULLU, H.P. AT PRESENT IN JUDL. LOCK-UP

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 1.4.2004 delivered by the learned Additional Sessions Judge, Fast Track Court, Kullu, in Session Trial No. 86 of 2003, whereby he acquitted the accused of having committed an offence punishable under Section 302 of IPC. The prosecution story, in brief, is that on 22nd February, 2003, the incharge Police Post, Sainj sent telephonic information to Police Station, Kullu that a human dead body lying on the Neuli road. Thereafter, PW -15 Sanjay Kumar along with other police officials went to the Neuli where they recorded the statement of complainant PW -1 Jiwan Lal. As per this complaint Ext. PW -1/A Jiwan Lal in connection with the election had come to village Sainj. On 22nd February, 2003 at about 12.00 noon when he reached at Sainj he came to know that the dead body of some person who was a resident of village Sarchi is lying at Neuli. He thereafter went to Neuli and found that on the path next to the veterinary dispensary the dead body of Govind was lying. He also found a red colour cloth (Parna) around the neck of the dead body. There were some injuries on the face and nose. Blood was coming out from the mouth and nose. There were signs of injury on both the cheeks. Blood was found at a distance of about 60 feet away from the dead body. There were dragging marks which indicated that the body had been moved. One shoe was found at a distance of 27 feet from the dead body. The complainant suspected that the deceased had been murdered.

(2.) ON this information, FIR Ext. PW -13/A was recorded and the investigation was carried out. During the course of investigation police found that deceased Govind was running a dabha at Neuli. Further, as per this investigation accused Dev Raj and the deceased were found roaming together prior to the incident at Bus stand, Neuli where they met PW -4 Giridhar. Thereafter both of them went to the shop of PW -8 Devi Ram along with PW -4 and they all consumed liquor there. At about 7.30 p.m. accused told the deceased to go to the bus stand in order to have the meals. It was also alleged that the accused was demanding that the deceased handover a bag to the accused but the deceased declined to do so. Both the accused and the deceased left the shop of PW -8 Devi Ram at about 8.00 p.m. After about half an hour accused Dev Raj was seen running towards the village holding the same bag which was earlier being carried by the deceased. When PW -4 Giridhar was on his way to village Satesh, he saw the dead body of Govind on the way. The motive ascribed to the accused is that he had a dispute with his wife and was in dire need of Rs. 10,000/ - to settle the dispute. It is alleged that he murdered deceased Govind to get the money which was kept in the bag and according to the prosecution he strangled the deceased by using Muffler/Parna and also caused injuries to the deceased. The further evidence led is that the accused also suffered certain injuries during the scuffle which took place between him and Govind. On the basis of the aforesaid evidence, the accused was charged with having committed the offence aforesaid.

(3.) WE have heard Mr. Rajesh Mandhotra, learned Deputy Advocate General on behalf of the State and M/s I.S. Chandel and Neeraj Sharma, Advocates on behalf of the accused.