IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.A No.58 of 1998 Decided on : March 11, 2010 State of H.P. …Appellant. Versus Anil Kumar and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 For the Appellant : Mr. Ramesh Thakur, Assistant Advocate General. For the Respondents: Mr. Rakesh Jaswal, Advocate. Surjit Singh, J (Oral) State has appealed against the judgment, dated 1st October, 1997, of the Sessions Court, whereby respondents Anil Kumar, Albela, Dinesh Kumar and Nand Lal, who were tried for offence, under Section 302, read with Section 34 of the Indian Penal Code, for allegedly murdering one Pran Nath, have been acquitted. 2. Prosecution version, which led to the trial of the respondents, may be noticed. Deceased Pran Nath was employed as a Clerk in the Office of SDO (Civil) at Bilaspur. Respondent Albela, who used to drive a Taxi, and respondent Dinesh Kumar were known to him. On 15th December, 1992, respondents Albela and Dinesh Kumar, while travelling by Taxi No.HP-02-1312 on which Whether reporters of the local papers may be allowed to see the judgment? …2… respondent Albela was employed as driver by its owner, went to the residential quarter of deceased Pran Nath at Bilaspur. At that time, Pradeep Soni (PW-8) was also present at deceased Pran Nath’s place. On coming to know that respondents Albela and Dinesh Kumar and two other persons, who were there in the Taxi but did not enter the room of deceased Pran Nath, were going to a place called Bhager, PW-8 Pradeep Soni told that his brother Rajinder Soni (PW-19) also wanted to go to Bhager side. So, he (PW-8 Pradeep Soni) left Pran Nath’s house and sent his brother PW-19 Rajinder Soni. Thereafter, respondents Albela, Dinesh Kumar, deceased Pran Nath and PW-19 Rajinder Soni left deceased Pran Nath’s room and boarded the aforesaid Taxi, in which two persons, namely Nand Lal and Dalip Singh (PW-20), were already sitting. They all travelled to Bhager, where PW-19 Rajinder Soni alighted from the Taxi and boarded a Bus for Ghumarwin. Respondent Albela and deceased Pran Nath also alighted from the Taxi. Thereafter, PW-20 Dalip Singh asked respondent Albela to drop him at his residential quarter. Respondent Albela obliged him. At 10 or 10.30 p.m., on the same day, i.e. 15th December, 1992, the aforesaid Taxi was spotted at Bhager Chowk. Four persons were there in the Taxi. They included respondents Albela, Dinesh Kumar and Nand Lal. Fourth person was probably deceased Pran Nath. They quarrelled with one Manohar Lal (PW-10). Next …3… day, in the morning, dead body of Pran Nath was found at Bhager Chowk. 3. Gajjan Ram (PW-18), a brother of the deceased, informed the police about the dead body of deceased Pran Nath having been spotted at Bhager Chowk. Police reached the spot. Inquest was conducted. Dead body was sent to the hospital at Bilaspur, where PW-6 Dr. B.D. Sharma, conducted postmortem and noticed the following eleven ante-mortem injuries: “Injury No.1. A slit shaped wound with clear margins with clotted blood present on the wound on right side of the chest 6 cm from right nipple towards the sternum. It is 2 cm long x 0.5 cm wide pointing laterally and downward perforating skin, subcut tissues, muscles of chest, cartilage with evidence of haematoma on the inner surface of chest leading to right pleural cavity. Injury No.2. An abrasion left side of the neck. Clotted blood present. It is 2 cm long and 0.5 cm wide. Injury No.3. A wedge shaped wound on left side of chest in upper part. It is 2 cm long x 1 cm x 1 cm perforating skin, S/C tissues, muscle and reaching the left clavicle. Haemotoma present adjoining clavicle left side. Injury No.4. A slit shaped wound with clear margins on left side of the chest 8.5 cm from the left nipple perforating skin, S.C tissue. Haemotoma present on the S/C tissue. It …4… is 2 cm long x 0.5 cm wide. Clotted blood present. Injury No.5. A slit shaped wound on left side of chest 3 cm from left nipple. It is 2 cm long x 0.5 cm wide per perforating skin, S/C tissue and extending to chest muscles left side. Haematoma present on the chest wall. Injury No.6. A slit shaped wound with clear margins on left side of the chest 2 cm from left nipple. It is 2 cm long x 0.5 cm wide perforating skin, S/C tissue, muscles of chest wall and pleural cavity and pericardil sac and left artrium cavity. Clotted blood present. Injury No.7. A lit shaped wound on left nipple. It was 3 long x 0.5 cm wide perforating skin S/C tissue intercostals muscles pleural cavity pericardium extending to myocardium of the left ventricle into chamber of left ventricle. The wound of the ventricle is crescent shaped. Pleural cavity left is full of clotted blood. Blood present on the wound. Injury No.8. A slit shaped wound on left axilla. Clotted blood was present. It was 2 cm long x 0.5 cm wide on anterior axillary line left side perforating skin S/C tissue and chest muscles supraclavicular area of left side. Haemotoma present. Injury No.9. A slit shaped wound on left elbow joint. It is 4 x 0.5 cm wide. Clotted blood present. Perforating S/C tissue and muscles. Injury No.10. A wound slit shaped left side of chest 10 cm from the left nipple. It is 2 cm long x …5… 0.5 cm wide perforating skin S/C tissue and muscles. Injury No.11. A slit shaped wound right side of the chest 4 cm from left nipple extending towards sternum 2 cm x 0.5 cm wide pointing laterally and downwards. Perforating S/C tissue chest muscles and cartilage with evidence of haemotoma on the chest wall inner surface.” He opined that the cause of death was the aforesaid ante- mortem injuries and the death had occurred instantaneously with the infliction of the injuries. Time lag between the death and the postmortem was opined to be within 12 hours. Postmortem was conducted on 16th December, 1992, though the time when it was conducted is not written in the postmortem report, nor has it been testified by the doctor. However, from police zimini, it appears that the dead body was dispatched from the spot to the hospital around 2 p.m., on 16th December, 1992, meaning thereby that postmortem was not conducted before 3 p.m. 4. During the course of investigation, police came to know that deceased Pran Nath was seen alive last in the company of respondents Albela, Dinesh Kumar and Nand Lal at Bhager Chowk, on the night intervening 15th & 16th December, 1992. Respondent Anil Kumar was also spotted at Bhager Chowk in the company of other three respondents, on the relevant night. …6… 5. All the respondents were arrested. Respondent Anil Kumar, while in police custody, made statement Ex. PH that he had kept a knife hidden under a brick in the bathroom of Ramesh Kumar (PW-11) at Amritsar and could get the same recovered. Pursuant to the said disclosure statement made by respondent Anil Kumar, knife was recovered. It was sent to the Chemical Examiner, who vide report Ex. PW-27/H opined that it bore stains of human blood. 6. Prosecution examined a number of witnesses to bring the charge home to the respondents. It tried to connect the respondents with the commission of the crime by means of circumstantial evidence, consisting of the following circumstances: (i) Deceased was seen alive last in the company of the respondents. (ii) Respondent Anil Kumar made a disclosure statement, pursuant to which knife Ex. P-9 bearing stains of human blood was recovered. 7. Respondents denied their involvement in the death of Pran Nath. Learned trial Court acquitted them holding that the evidence of the prosecution did not prove the charge, beyond reasonable doubt. 8. We have heard the learned Assistant Advocate General as also the learned counsel for the respondents and perused the record. …7… 9. Prosecution’s allegation is that deceased Pran Nath was seen alive last in the company of the respondents. However, PW-20 Dalip Singh has made statement, suggesting that the deceased had alighted from the Taxi at Bhager Chowk alongwith respondent Albela and thereafter he (PW-20 Dalip Singh) and respondents Albela, Dinesh Kumar and Nand Lal went to his (PW-20 Dalip Singh’s) house to drop him. PW-20 Dalip Singh gives a lie to the testimony of PW-7 Sunka Ram, according to which, respondent Anil Kumar also came there and after staying for 5-7 minutes, he went away. PW-13 Kishori Lal, a Truck driver, stated that respondent Anil Kumar travelled by his Truck from Bhager Chowk to Amritsar and that he left Bhager Chowk in his Truck, on the relevant date at 11 p.m. Death of Pran Nath, which was instantaneous with the receipt of the injuries, took place, as per opinion of PW-6 Dr. B.D. Sharma, after 2 p.m. 10. Recovery of knife at the instance of respondent Anil Kumar is also doubtful. One of the witnesses of the making of the alleged disclosure statement Ex. PH, namely PW-14 Kashmir Singh, does not support the prosecution version about the making of disclosure statement. The two witnesses of the recovery of knife, namely PW-11 Ramesh Kumar and PW-12 Sudesh Kumar also do not support the prosecution version. According to both the witnesses, when …8… respondent Anil Kumar was brought by the police, knife was already with the police people. In view of the abovestated position, we are of the considered view that the case is not fit for interference with the judgment of acquittal. Hence, the appeal is dismissed. ( Surjit Singh ), J March 11, 2010(sd) ( Rajiv Sharma ), J