ANIL KATOCH Vs. STATE OF H.P.

JUDGEMENT

(1.) On 19.7.1999 at about 6.20 a.m. PW -30 Sanjay Kumar Sharma, the then Station House Officer, Police station, Baijnath, PW -27 Bashir Khan, Dy. Superintendent of Police and PW -29 Head Constable Bhup Singh were conducting exercise raid at a place known as Mahakal in sub -Division Baijnath District Kangra. Some persons told the police party that one injured person had been taken to Hospital at Baijnath. They went to the hospital. PW -30 made an application (Ext. PW -1/A) to PW -1 Dr. N.9.R. Shanoy, Medical Officer who was attending upon Ashok Kumar injured to ascertain if the injured was in a fit state to make the statement. PW -1 certified that Ashok Kumar was in a fit merjtal state to make the statement. PW -30 asked PW -29 Head Constable Bhup Singh to record the statement (Ext. PW -1/C) under Section 154 Cr. P.C. of Ashok Kumar which was thumb marked by the injured and attested by PW -30. Ashok Kumar injured died immediately after making the said statement. Statement (Ext. PW -1/C) was sent by PW -30 to the Police Station/or registration of the case. On the basis of Ext. PW -1/C, PW -28 ASI, Joginder Singh registered a formal First Information Report (Ext. PW -28/A) at Police Station, Baijnath at about 7.30 p.m. PW -28 was called by PW -30 to reach at the Hospital. PW -28 prepared inquest reports (Exts.PW -4/B and PW -4/C). PW -22 Satish Kumar Sharma, took photographs (Exts.PW -22/1 to PW -22/5) of the dead body of Ashok Kumar in the Hospital. On 20.7.1999, PW -28 moved an application (Ext. PW -4/A) to PW -4 Dr. G.S. Sood who at the relevant time was posted as Medical Officer in Civil Hospital, Palampur for conducting post mortem of the dead body of Ashok Kumar. He also recorded the statements of Sanjay Rdna and Anil Rana witnesses. PW -38 Sanjay Kumar Sfjiarma, the Investigating Officer visited the spot of the incident. He found blood on the leaves of the bushes and on a wrapper of bundle of Bidi on the spot which were taken into possession vide recovery memo (Ext. PW -30/C) in the presence of PW -12 Beli Ram and PW -17 Raj Kumar. He recorded the statements of PW -2 Rajesh Kumar and PW -5 Puran Chand. Spot map (Ext. PW -30/C) was prepared. Statements of PW -3 Smt. Kapahi devi mother of the deceased, Situ and PW -6 Amar Nath were also recorded. PW -30 thereafter went to Krishna Nagar where the shop of Dilawar Chand accused was found locked. He broke open the lock of the shop where a Maruti Van bearing registration No. HP -53 -3500 was found parked inside it. On checking the said vehicle, PW -30 found stains of blood inside and outside the vehicle. The vehicle was taken into possession in the presence of PW -8 Ashok Kumar and PW -27 Smt. Shakuntla Rani. Memo (Ext. PW -30/D) of the spot and the recovery of the Van was also prepared. Photographs (Exts. PW -7/A to PW -7/D) of the van were also taken.

(2.) On 21.7.1999, PW -30 broke open the lock of the quarter of Anil Katoch accused at Mahakal. During search of the quarter of Anil Katoch, PW -30 found a sheath of a sword kept on the almihra between the books. The said sheath was also taken into possession vide recovery memo (Ext. PW -10/A) in the presence of PW -2 Rajesh Kumar and PW -10 Smt. Maina Devi. On 23.7.1999 PW -30 arrested the accused Anil Katoch, Dilawar Chand and Jeewan. Accused Dilawar Chand made a disclosure statement (Ext. PW -5/A) in the presence of PW -5 Puran chand and PW -4 Baini Chand under Section 27 of the Evidence Act stating that on 21.7.1999 he kept a sword in the house of accused -Parvinder Singh at Lanjot (Shahpur). On the basis of the said disclosure statement sword (Ext. P -1) was recovered from one room in the ground floor which was kept underneath the mattress from the house of the accused Parvinder Singh in the presence of PW -12 Beli Ram and PW -18 Nasib Singh. Parvinder Singh accused was arrested on the same day. Statement of Jeewan Chand accused under Section 27 (Ext. PW -17/A) was recorded in the presence of PW -5 Puran Chand and PW -17 Raj Kumar. Pursuant to the said statement, some ash of burnt shirt of Jeewan Chand accused and Rani and half burnt button were taken into possession. On 27.7.1999 Anil Kumar Katoch accused made disclosure statement (Ext. PW -13/A) in the presence of PW -7 Smt. Shakuntla Rani and PW - 16 Tarlok Chand that he had concealed one sword at place Tanotoo by the side of the path and he could get the same recovered. Pursuant to the said disclosure statement sword (Ext. P -1) was recovered from inside cement pipes. On 28.7.1999 Dilawar Chand accused produced his pant (Ext. P -4), Anil Kumar Katoch accused produced his Baniyan (Ext.P -5), shirt (Ext. P -21), Pajama/Pant (Ext. P -22) and Jeewan Chand accused produced his pant (Ext. P -6) to the Investigating Officer which were taken into possession. Certificate of registration of the van was taken by the Investigating Officer on 3.8.1999 from the office of Sub Divisional Magistrate, Baijnath. The vehicle was mechanically examined by PW -19 Ramesh Bali who on inspection of the vehicle issued mechanical report (Ext. PW -19/A). The Investigating Officer also collected the copies of the revenue records from the revenue official. On receipt of the reports (Exts.PW -30/A and PW -30/C) from F.S.L. Junga, PW -30 submitted charge sheet against the accused persons before the Judicial Magistrate, 1st Class, Baijnath.

(3.) The trial of the case was committed to the learned Sessions Judge, Kangra at Dharamshala by the learned Judicial Magistrate. The learned Sessions Judge assigned the trial of the case to the learned Additional Sessions Judge -I, Dharamshala for disposal. The accused pleaded not guilty to the charges and claimed trial.