Piar Singh Rana, J. - (1.) PRESENT appeal is filed against the judgment passed by learned Additional Sessions Judge Sirmour District at Nahan in Sessions trial No. 1 -N/7 of 2008 titled State of HP Vs. Nomu Ram and others. BRIEF FACTS OF THE PROSECUTION CASE:
(2.) IT is alleged by prosecution that deceased Sadhu Ram son of Smt. Kamla Devi and brother of Puran was labourer. It is further alleged by prosecution that marriage of deceased Sadhu Ram was settled with the daughter of co -accused Nomu Ram and deceased Sadhu Ram had given Rs. 50,000/ - (Fifty thousand) to co -accused Nomu Ram as marriage consideration amount. It is further alleged by prosecution that Reena Devi daughter of co -accused Nomu Ram stayed with deceased Sadhu Ram at Kullu/Manali for about 10/12 days. It is further alleged by prosecution that after some time co -accused Nomu Ram brought back his daughter Reena Devi from Manali and got her married somewhere else due to which the relation between co -accused Nomu Ram and deceased Sadhu Ram became strained. It is further alleged by prosecution that whenever deceased Sadhu Ram used to demand back his money then accused persons used to quarrel with deceased and also used to threaten deceased to kill him. It is further alleged by prosecution that on dated 18.9.2007 at about 9 PM deceased Sadhu Ram came to the house of co -accused Nomu Ram for demand of his money and thereafter deceased Sadhu Ram did not return to his house. It is further alleged by prosecution that on dated 19.9.2007 at about 11.25 AM co -accused Jogi Ram filed a criminal complaint in Police Station Shillai regarding quarrel which took place in the evening on dated 18.9.2007 with deceased Sadhu Ram on the basis of which rapat in daily diary Ext PW10/A was recorded by PW10 Constable Tapender. It is further alleged by prosecution that thereafter medical examination of co -accused Jogi Ram was also conducted by PW12 Dr.Rajeev Chauhan the then Medical Officer CHC Shillai on dated 19.9.2007 and he was found to have sustained three injuries which were simple in nature caused with blunt weapon regarding which MLC Ext PW12/A was issued. It is further alleged by prosecution that on dated 23.9.2007 a telephonic message was received at about 4 PM by PW1 Inspector Narveer Singh that a dead body was seen in the water of Echadi dam and thereafter rapat in the daily diary Ext PW16/A was recorded. It is further alleged by prosecution that thereafter on receipt of information PW19 HC Arjun Singh went to the spot along with police officials and found that a dead body was floating in the water which was fully decomposed. It is further alleged by prosecution that both legs and one hand of the body was tied with the help of a rope. It is further alleged by prosecution that thereafter photographs of dead body were obtained which are Ext PW19/C -1 to Ext PW19/C -10 and inquest report Ext PW19/A and Ext PW19/B were prepared and the dead body was brought to Civil Hospital Paonta Sahib for post mortem examination. It is further alleged by prosecution that thereafter PW1 Inspector Narveer Singh also examined dead body and on examination of dead body it appears to be a case of murder and thereafter rukka Ext PW1/A was prepared which was forwarded to Police Station. It is further alleged by prosecution that body of deceased Sadhu Ram was fully decomposed and thereafter same was sent for post mortem examination. It is further alleged by prosecution that on dated 25.9.2007 PW2 Kamla Devi came to know regarding recovery of dead body and identified the dead body of deceased. It is further alleged by prosecution that as per post mortem report deceased had died due to ante -mortem head injury and duration between death and injury was instantaneous and between death and post mortem was 7 to 10 days. It is further alleged by prosecution that post mortem report is Ext PW21/A. It is further alleged by prosecution that viscera of the deceased along with clothes were handed over to police for chemical examination and as per report of chemical examiner Ext PA no poison was detected in the viscera. It is further alleged by prosecution that as per report of chemical examiner Ext PX human blood was detected on the vest, trouser and T -shirt of deceased Sadhu Ram. It is further alleged by prosecution that thereafter dead body was handed over to PW3 Puran vide memo Ext PW3/A. It is further alleged by prosecution that thereafter PW2 Smt Kamla Devi expressed suspicion for the commission of murder of deceased Sadhu Ram upon co -accused Nomu Ram and co -accused Jogi Ram. It is further alleged by prosecution that co -accused Nomu Ram and co -accused Jogi Ram were arrested on dated 27.9.2007. It is further alleged by prosecution that FIR Ext PW17/A was recorded. It is further alleged by prosecution that disclosure statement of accused persons were recorded and as per disclosure statement clothes which were worn at the time of incident and stick were recovered. It is further alleged by prosecution that trouser Ext P2 and shirt Ext P3 were also took into possession vide memo Ext PW7/C. It is further alleged by prosecution that stick Ext P1 was also took into possession vide memo Ext PW7/B. It is further alleged by prosecution that as per chemical examination report Ext PX human blood was found on the trouser. It is further alleged by prosecution that akas tatima Ext PW5/A and copy of Jamabandi Ext PW5/D were also took into possession and copy of family register Ext PW6/A was also took into possession. It is further alleged by prosecution that as per opinion of PW21 Dr.Piyush Kapila the injury sustained by deceased on his head could be caused with stick Ext P9 which was sufficient to cause death. Learned Additional Sessions Judge Nahan framed charge against accused persons under Sections 302 and 201 read with Section 34 IPC. Accused persons did not plead guilty and claimed trial. Prosecution examined as many as twenty one witnesses in support of its case.
(3.) PROSECUTION also produced following piece of documentary evidence in support of its case: - ;