JUDGMENT :

Anoop Chitkara, J.

Aggrieved by the acquittal of all the accused of all charges, including that of murder, the State has come up before this Court under Section 378(4) of CrPC. These appeals trace their origin to a complaint made to the Police Station Barmana, District Bilaspur, HP, which culminated in the registration of FIR No. 88 of 1993, under Sections 302, 201, 382, 467, 468, 420, 210, and 411 read with Sections 120B and 34 of the Indian Penal Code. Two separate trials commenced because the police could not apprehend all the accused. Vide a common judgment dated May 15, 2002; the trial Court held the accused not guilty. The State has come up before this Court with these two separate appeals and both these appeals are being taken up together because they originate from the same FIR and collective judgment:

(i) Criminal Appeal No. 703 of 2002, titled as State of Himachal Pradesh vs. Sanjiv Kumar @ Sanju, arising out of Sessions Trial No. 3 of 1995 and

(ii) Criminal Appeal No. 228 of 2007, State of Himachal Pradesh vs. Tilak Raj @ Jasbir @ Jassi (since deceased) & others, arising out of Sessions Trial No. 44 of 1996.

2. The gist of the evidence, apposite to and to arrive at a fair conclusion and to justify the reasoning, is as follows:

3. FACTS RELATING TO DISCOVERY OF DEAD BODY:

(a) On 20.9.1993 at around 6.00 7.00 p.m., a resident of Barmana, named Tulsi Ram (PW-1 in ST 44/96)), had gone to cut grass from his grasslands and on the way, he noticed a dead body, lying near the culvert, down the road. He apprised Babu Ram (PW-2 in ST No. 44/96), who was the Pradhan of the Gram Panchayat Kotla, about noticing of such dead body. On this Babu Ram also visited the spot and saw the dead body, lying suspiciously. Shri Babu Ram, the Pradhan, deputed some persons at the place to guard the dead body and along with ward members of his Panchayat, proceeded to the Police Post Namhol. He informed the police of a human corpse lying nearby a conduit, 10 to 14 feet below the road, near village Panjok. Police recorded this information vide entry No. 15, in the daily diary register (Ext. PW-2/A in ST No. 44/96).

(b) Without any loss of time, ASI Ranjha Ram (PW-22 in ST No. 44/96), along with police officials, visited the spot. After verifying the corpse, prima facie the police proceeded to investigate a case of culpable homicide amounting to murder. Thereupon, the investigating officer recorded the statement of Tulsi Ram (PW-2 in ST No. 3/95) under Section 154 CrPC (Ext. PC in ST No. 3/95). Based on this statement, police registered the FIR referred to hereinabove. After registration of the FIR, police prepared the inquest reports (Ext.PA & PB in ST No. 3/95) (Ext. PW1/A & 1/B in ST No. 44/96).

(c) The police sent the dead body for post mortem examination. The Prosecutor tendered in evidence the Post mortem report as Ext. PQ (in ST No. 3/1995)/Ext. PW14-A (in ST No. 44/1996) and final opinion as Ext. PR (in ST No. 3/95)/Ext. PW14-B(in ST No. 44/96). On 23.9.1993, Dr. N. K. Sankhyan, (PW-14 in ST No. 44/96), Medical Officer, District Hospital Bilaspur, HP, conducted the post mortem examination on this unidentified dead body. The Doctor observed that the dead body was in a highly decomposed state with millions of maggots present over the same. The length of the dead body was 5 feet & 7 inches, except for the area of contact on the back of the chest, the skin of the body was peeled off, and the face bloated and was dark brownish-black color. Only few hair were present on the scalp. After analysis of the dead body, the Doctor came to the conclusion that the corpse was of a human male, aged between 22 to 30 years. He noticed injuries on the abdomen, and due to this injury, the intestines had protruded from the wound. The Doctor also noticed injuries on the scalp, left the side of the neck, right shoulder and right arm, abdomen, right thigh,