State of Himachal Pradesh vs Sukh Dev Singh and Another

Rajiv Sharma, J.—State has come in appeal against the judgment dated 26.6.2001 rendered by the learned Sessions Judge, Solan in Session Trial No. 6-S/7 of 2000 whereby the accused, who were charged with and tried for offences punishable, under Sections 307 and 392 read with Section 34 of the Indian Penal Code, have been acquitted.

Case of the prosecution, in a nutshell, is that one Jagdish Sharma (PW-2) was the owner of Maruti car bearing registration No.PB-08Y-0295. He sent his driver Ravinder Kumar (PW-1) to Chandigarh to bring back his mother-in-law. PW-1 Ravinder Kumar was signalled to stop by the accused. They took lift upto Chandigarh. Accused stayed for the night at Amar Hotel, Chandigarh. PW-1 also stayed with them at Amar Hotel. On 13.7.1999, accused offered a glass of cold drink to PW-1. He consumed it and lost his consciousness. Thereafter accused took charge of the vehicle and in the evening the same was handed over to Ravinder Kumar. Thereafter, accused asked Ravinder Kumar to take the car to Garkhal near Kasauli. He was caught hold by accused Sukh Dev Singh and accused Rajinder blind folded him with handkerchief. Thereafter, his head was covered with towel. His hands and legs were tied with rope and he was rolled down the hill. He managed to untie himself and informed PW-2 Jagdish Sharma. F.I.R. Ex.PA was got registered on 17.7.1999 at Police Station, Kasauli by PW-2 Jagdish Sharma. The matter was investigated and the challan was put up after the completion of codal formalities. Accused were charged with for offence punishable, under Sections 307 and 392 read with Section 34 of the Indian Penal Code.

Prosecution examined as many as eleven witnesses to prove the charge against the accused. Accused were also examined u/s 313 of the Code of Criminal Procedure. They pleaded not guilty. The trial court acquitted the accused on 26.6.2001.

Mr. R.K. Sharma has strenuously argued that the prosecution has proved the case against the accused. According to him, learned trial court has not correctly appreciated the oral as well as documentary evidence led by the prosecution.

Mr. Malay Kaushal appearing vice counsel for the accused has supported the judgment 26.6.2001.

We have heard the earned Counsel for the parties and have perused the record carefully.

The entire case of the prosecution hinges on the statement of PW-1 Ravinder Kumar. He was employed as Driver by PW-2 Jagdish Sharma. In his cross-examination, he has deposed that accused were not the persons, who had ever stayed with him at Amar Hotel, Chandigarh, commanded him to reach Garkhal near Kasauli, tied his hands and legs, blind folded his eyes and covered his head, dropped him down the hill and thereafter escaped in the Maruti car. According to him, the police had told him that accused have committed offence. He has further deposed that the persons present in the Court had not administered any intoxicant to him at Amar Hotel, Chandigarh. The statement of PW-1 Ravinder Kumar belies the case of prosecution in its entirety. It is also not believable that person, who has been rolled down the hill will not receive any injury. PW-1 Ravinder Kumar was never medically examined. The recovery of driving licence and purse Ex.PM and PN, respectively, is also doubtful. According to statement of PW-4 Devinder Kumar these were recovered by Amar Singh, Constable from the spot. Ravinder Kumar (PW-1) has never contacted mother-in-law of PW-2 Jagdish Sharma. It is not believable that Ravinder Kumar remained silent when he was forcibly taken from Chandigarh to Garkhal. The version of Ravinder Kumar is not probable being full of contradictions and exaggerations. The trial court has correctly appreciated the evidence while acquitting the accused. In these circumstances, this Court will not interfere with the well reasoned judgment of the trial court.

Accordingly, in view of the observations and discussions made hereinabove, there is no merit in the appeal and the same is dismissed. Bail bonds of the Respondents/accused stand discharged.