STATE OF H.P. Vs. VITALY LEVITSKIY

JUDGEMENT

(1.) The instant appeal is directed against the impugned judgment rendered on 30.12.2009, by the learned Sessions Judge, Kullu, District Kullu, Himachal Pradesh in Sessions trial No. 37/2008, whereby the learned trial Court acquitted the accused of the offences charged.

(2.) The brief facts of the case are that on 14.5.2008 at about 6.25 p.m. the police Post Jari has been telephonically informed that a foreign national woman has been murdered. On receipt of call, the Investigating Officer rushed to the spot and recorded the statement of Gopal Dass (PW -1) under Section 154 of Cr.P.C. Gopal Dass informed the police that he is running snooker corner i.e. billiard room and his wife Maria is running a café namely "Iris Café". On 14.5.2008 at about 9.10 a.m. three foreigners consisting of one lady and two gents came to his café. All the three aforesaid two Russian and one Italian asked him for accommodation, which was refused by him. The luggage of the foreigners was kept in the corridor. They kept on sitting in the café and PW -1 proceeded to his billiard room. At about 5.00 p.m. the complainant returned to home on the call of his daughter Parvati (PW - 2. On his return he found Italian sitting in the room with a German girl who was wife of one Sunder Singh. The Italian national told the complainant that Russian had gone away but the girl has stayed up there. The voice of the girl was not heard. On this the complainant peeped inside the bath room and found the foreigner lady wrapped in a cloth and her body was motionless. Lateron it was found that the foreigner lady was dead. Upon this, he reported the matter to the police. After recording the statement of the complainant, rukka Ex. PW -18/A was prepared. On the basis of rukka FIR Ex. PW -17/B was registered. After registration of the FIR the police swung into action. The site plan Ex.PW -18/B was prepared and spot was videographed and photographed. The blood stained rope, pieces of gatta, cloth and other articles were taken into possession vide separate seizure memos. The visa and passport of the accused were also taken into possession. The body of the deceased was subjected to post mortem examination. The viscera and blood stained gatta, rope, bag and clothes were sent to FSL, Junga for chemical analysis. Statements of the witnesses were recorded. On conclusion of the investigation, into the offence, allegedly committed by the accused, challan was prepared and filed in the Court.

(3.) The accused stood charged by the learned trial Court for his committing an offence punishable under Section 302 of IPC to which he pleaded not guilty and claimed trial.