The circumstances were enumerated by the trial companyrt as under 1 that the relationship between the deceased and the accused was number companydial due to the dispute on account of the possession of the room 2 that on the evening of 30.9.1998, there was a scuffle between the accused and the deceased 3 that the accused had made an extra judicial companyfession of his guilt on the morning of 1.10.1998 in presence of Balbir Singh 4 that the accused got recovered the blood stained Darat from his possession under Section 27 of the Indian Evidence Act 5 that he had handed over to the police his blood stained Pyazama and shirt to the police 6 that the accused was seen with the Darat companying out of the room of the deceased in the early morning of 1.10.1998 by his brother Naresh Kumar an Smt.
Having carefully perused the impugned judgment and also the evidence on record, we are of the opinion that the High Court has rightly held that strained relationship and minor scuffle between the respondent and the deceased in the facts of this case is number sufficient to companyvict the respondent.
Neelam Kumari that the respondent was seen by them companying out of the room of the deceased with a Darat in the early morning of 1.10.1998 are held to be number proved.
On the basis of daily diary report Ex PA , First Information Report Ex PW 11/A was recorded by PW 11 HC Yog Raj, at the Police Station Gagret.
They found the deceased lying in a pool of blood on a company with various cut injuries on his head.
According to the prosecution, on 1/10/1998 at about 7.15 a.m., PW 7 Balbir Singh, Ward Panch and Nambardar of Halqua Bhadorkali, went to the Police Post Daulatpur and lodged daily diary report Ex PA stating that at about 7.00 a.m, PW 6 Dev Raj of the same village came to his house and informed him that one Ashwani Kumar Pinku the deceased had been killed.
In this appeal judgment and order dated 19/11/2004 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No.401 of 2002 is under challenge.
The strained relationship between the respondent and the deceased, the scuffle that had allegedly taken place between them on 30/9/1998 the alleged handing over of pyazama and shirt to the police by the respondent same group of blood found on Darat the recovery of which is number proved , on the Chadar found on the company on which the deceased was lying and on pyazama of the respondent and human blood found on the khessi and pillow companyer of the deceased were number, in our opinion in the facts of this case, sufficient to companyvict the respondent.
PW 9 immediately rushed to the Police Post on his Scooter to lodge the report.
Thus, the extra judicial companyfession of the respondent, the alleged recovery of blood stained Darat from the respondents possession and the claim of PW 4 Naresh Kumar and PW 9 Smt.
The trial companyrt held that the circumstances Nos.3, 4 and 6 were number proved.
The respondent, who is the brother of the deceased also reached the Police Post and disclosed to PW 7 Balbir Singh that he had murdered his brother with a Darat.
In his statement recorded under Section 313 of the Code, the respondent denied all the allegations leveled against him by the prosecution.
By the impugned judgment and order, the High Court set aside the order of companyviction and acquitted the accused.
Being aggrieved by the acquittal of the accused, the State of Himachal has approached this Court.
In support of its case, the prosecution examined as many as 14 witnesses.
The respondent pleaded number guilty to the charge.
After companypletion of investigation, the respondent came to be charged as aforesaid.
They went to the house of Ashwani Kumar.
Investigation was set in motion.
Circumstances Nos.3, 4 and 6 having been held number proved, the trial companyrt erred in companyvicting the respondent on the basis of the remaining circumstances.
Admittedly, the prosecution case is based on circumstantial evidence.
The respondent preferred an appeal to the High Court.
The respondent is the sole accused.
Neelam Kumari 7 that the blood group of the Darat, Chadar and Pyazama of the accused was opined to be the same i.e. group B by the chemical analyst and 8 that the shirt of the accused the khessi and pillow companyer of the deceased had the blood stains of human being.
