OM PARKASH Vs. PAWAN KUMAR ALIAS KUKKU

JUDGEMENT

(1.) Complainant PW-14 Om Prakash who claims himself to be the victim of the occurrence, aggrieved by the acquittal of respondent No. 1 (hereinafter referred to as the accused) from the charge under Sec. 302 Penal Code vide judgment dated 30.5.2009 passed by learned P.O. Fast Track Court, Mandi in Sessions Trial No. 22/2008, has preferred the present appeal on the grounds, inter alia, that the overwhelming evidence as has come on record by way of the testimony of eye witnesses suggesting that it is the accused who has murdered his father late Mohar Singh on 23.2.2008 between 9:00 PM to 10:00 PM has not been appreciated in its right perspective. The prosecution case that the deceased was lastly seen in the company of the accused and that the latter after the commission of the offence has fled away from the place of occurrence has been ignored without assigning any cogent reasons. The recovery of cell phone of the deceased at his instance in the bus stand at Palampur has also not been taken into consideration. Besides, the appellant-complainant, the prosecution case was supported by PW-1 Rattan Chand, PW-2 Jaswant Singh and PW-16 Kamal Singh, however, their testimony is erroneously brushed aside. The statement of

(2.) Now, if coming to the factual matrix, on 23.2008, complainant PW-14 Om Prakash noticed his father standing outside the Dhaba of PW-16 Kamal Singh. He asked him to come to home. The deceased allegedly told PW-14 Om Prakash to go to home and that he was also coming. PW-14 Om Prakash came to home and had food with other members of his family. His father, the deceased, however, did not turn up and on this his mother told him to find out as to why his father has not come to home. On this, PW-14 Om Prakash called his father on his cell No. 94184 56460. He in turn told the complainant that he was in Kamal Dhaba along with PW-1 Rattan Chand, PW-2 Jaswant Singh and Pawan Kumar alias Kukku (the accused). Around 9:15 PM, PW-2 Jaswant Singh, who in relation is maternal Uncle of PW-14 Om Prakash asked over telephone as to whether his father had reached at home or not. Also that, he had left Kamal Dhaba much earlier. The accused allegedly had old enmity with the family of the deceased as 2-3 years ago, he had set their house on fire. He had also administered beatings to the elder brother of the complainant. The accused had been threatening the deceased and other members of his family to do away with their lives. Therefore, suspecting some foul play, PW-14 Om Prakash accompanied by his mother Smt. Pausi Devi went out in search of his father Mohar Singh towards Makhakhar Khud road. They noticed dead body of his father Mohar Singh lying on the road and blood oozing out of his head, nose and ears. They had seen one more person coming on the road with the help of light of mobile torch towards them. However, when they reached near bridge that person disappeared. PW-14 Om Prakash informed his Uncle Ajay Kumar PW-4 and requested him to inform the police of Police Chowki Janjhaili, District Mandi. Also that, he suspected the hands of accused in the murder of his father due to old enmity.

(3.) The police came to spot. The statement of PW-14 Om Prakash Ext. PW-14/A under Sec. 154 Crimial P.C. 1973 was recorded. Subsequently, case under Sec. 302 came to be registered against the accused vide FIR No. PW-10/A in PS Gohar, Distt. Mandi, H.P. The investigation was conducted by Insp. SHO Jagdish Chand (PW- 17). Inquest papers Ext. PW-3/B were prepared. He got the dead body photographed vide photographs Ext. PW-14/B to PW-14/g. He prepared the site plan Ext. PW-17/B. Disclosure statement Ext. PW-3/C was recorded. Site plan of the place of recovery of cell phone Ext. P-1 at the instance of the accused Ext. PW-17/D was also prepared. At the instance of the accused danda Ext. P-4 was recovered vide recovery memo Ext. PW-3/D and the site plan Ext. PW-17/E in this regard was prepared. Blood stained jacket, Pajama and chappal of the deceased Ext. P-7 to P-9 were taken into possession. Application for conducting post mortem of dead body of the deceased Ext. PW-7/A was prepared. Post mortem was got conducted vide report Ext. PW-7/B. The opinion of the doctor Ext. PW-7/C was also obtained. Statements of the witnesses under Sec. 161 Crimial P.C. 1973 were recorded. The reports Ext. PW-17/L and Ext. PW-17/M were received from the FSL. On the completion of the investigation, challan against the accused was filed in the trial Court.