STATE OF H.P. Vs. BALBIR SINGH

JUDGEMENT

(1.) IN this appeal, the acquittal of the respondents, passed by the learned trial Court in Sessions Case No. 25 -D/1993 decided on 19.1.1994, under Sections 302 read with Section 34 of the Indian penal Code, has been challenged by the State.

(2.) THE factual matrix giving rise to this appeal can be stated uhus. The accused -respondents, and Amrik Singh (deceased), were the residents of the same village named "Chabewal", Tehsil Hoshiarpur (Pb.). Amrik Singh aforesaid was the son of PW -4 Harjit Singh. He was a student of 10th class. On 14.2.1991 the deceased left for his school in the morning but did not return in the evening after the school hours. At that time Harjit Singh, father of the deceased was a driver, working at Delhi. Satwant Singh (PW -1) his uncle searched for him every where but in vain. On 16.2.1991 Karianil Singh (PW -3) informed Satwant Singh aforesaid that he saw the deceased on 14.2.1991 at Bus Stand Hoshiarpur in the company of the respondents and Surinder Singh, approver (PW -8). Satwant Singh lodged the report Ext. P -l to ASI Harpal Singh, Incharge of Police - Post Chabewal (Punjab) which was converted into the FIR Ext. PW -17/E under Section 364 of the Indian Penal Code registered in Police Station Hoshiarpur (Punjab). Whereabouts of deceased could not be found out despite search made by the police. On 16.2 .1991 at about 5 p.m., Pratap Chand (PW -9) was on his way to Dharamkot. He spotted a dead -body of a sikh boy near Dharamshala in District Kangra (H.P.) and informed the Incharge Police Post Foresyth Ganj telephonically. PW -16 Shri Nathu Ram A.S.I. reached the spot and also informed PW -18 Gulab Singh, Inspector/SHO Police Station Dharamshala. Dy. S.P. and Inspector Gulab Singh, along with Photographer reached the spot. ASI Nathu Ram prepared the inquest report Ext. P -5. Thereafter, the dead -body was sent for autopsy. On 17.2.1991, PW -7 Hazura Singh, the grand - father of the deceased identified the dead -body of Amrik Singh at Dharamshala and lodged the FIR (Ext. P -18) in Police Station Dharamshala for the offence of murder.

(3.) DURING the interrogation by the Punjab Police in FIR No. 26/ 91 dated 16.2.1991 registered under Section 364 of the Indian Penal Code, respondent Pradeep made disclosure statement Ext. P -10 dated 5.3.1991 pursuant to which he got recovered gold -ring (M -2) from the brick of the wall of his house alleged to have been brought from the Gold -Smith at Dharamshala (H.P). Respondent Balbir Singh also made his disclosure statement Ext.P -11 on the same day and got recovered Muffler and identity card of the deceased from beneath the stones, under a Deodar tree on 7.3.1991 at Dharamshala. PW -9 Surinder Singh accused approver also got recovered Gold ring pursuant to his statement Ext. P -9 from the 'Khurli ' of his house.