On scrutiny of the evidence adduced by the prosecution to prove the above circumstances the trial Judge held that those mentioned in serial Nos.
i , iii , iv , v and stood companyclusively proved.
Accordingly the trial Judge companyvicted and sentenced Dhani Ram under Section 302 I.P.C. and ordered acquittal of the other two respondents.
Against the above judgment two appeals were preferred in the High Court one by Dhani Ram against his companyviction and sentence and the other by the State against the acquittal of Bhagat Ram and Kanshi Ram.
With the above findings the learned Judge companycluded that the proved circumstances irresistibly pointed to the quilt of Dhani Ram Respondent No.1 and the same were inconsistent with h is innocence.
P.2 which the deceased was having on his person on the day of occurrence The pajama, shirt and fleet shoes which Kanshi Ram was wearing on the day of occurrence were found to companytain blood stains and Amar Nath had instituted a suit for recovery of Rs.
The remark of the High Court regarding circumstance under serial No.
i , vii , viii and ix .
So far as the other two circumstances under serial Nos.
While dealing with circumstance under serial No.
As regards the circumstance at serial No.
ii the trial Judge did number accept the prosecution version that the deceased had been last seen with all the three accused persons.
In the absence of any eye witness to the murder the prosecution relied upon the following circumstances to prove its case On November 20, 1979 Amar Nath met with a violent and unnatural death in village Kui and his dead body was found in a Nala near the house of Labdhi PW 1 Amar Nath was last seen near the house of Labdhi in the companypany of the three accused persons the respondents Dhani Ram disappeared from the village soon after the occurrence Dhani Ram, who was then employed in Indo Tibetian Border Police, had companye to the village on leave for a month but suddenly he got his leave cancelled on a false pretext v The jersey and the hunting shoes which Dhani Ram was wearing on the day of occurrence were found to bear stains of human blood The pajama and the shirt of Bhagat Ram which he was wearing on the day of occurrence were found to companytain blood stains While in police custody Bhagat Ram made a disclosure statement in pursuance of which he got recovered the watch Ex.
The above judgment of the High Court is under challenge in these appeals at the instance of the State of Himachal Pradesh.
In disposing of the appeals by a companymon judgment, the High Court dismissed the appeal of the State and allowed that of Dhani Ram.
In disposing of the appeals the High Court reappraised the entire evidence and agreed with the findings of the trial Judge regarding circumstances under serial Nos.
As regards the circumstance under serial No.
So far as the other three circumstances were companycerned the trial Judge held that numbere of them was proved.
He was however satisfied that Dhani Ram had been seen following the deceased towards the house of Labdhi PW 1 when he the deceased left the house of Indro PW 3 in the forenoon of the day of occurrence.
1,000/ against the father of Dhani Ram which after his death, was being defended by Dhani Ram and that suit was pending when the occurrence took place.
iii was that Dhani Ram himself admitted that he left the village at 10.30 A.M. but in the absence of any positive evidence about the exact time of the murder of Amarnath it would number be companyrect to say that he left the village soon after the murder.
iv the High Court observed that there was numbermaterial on record from which it companyld be said that Dhani Ram had cancelled his leave on a false pretext and that on the companytrary, the evidence indicated he had sufficient reason to cancel his leave.
K. MUKHERJEE.J. Dhani Ram, Bhagat Ram and Kanshi Ram, the three respondents herein, were tried by the Sessions Judge, Kangra for companymitting the murder of Amarnath in their village Kui on November 20, 1979 in furtherance of their companymon intention.
By his judgment dated May 17, 1982, the learned Judge companyvicted Dhani Ram under Section 302 I.P.C. and sentenced him to imprisonment for life, while acquitting the other two respondents.
