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2003 Supreme(HP) 378

KAMLESH SHARMA, KULDIP CHAND SOOD
State of H. P. – Appellant
Versus
Pawan Kumar – Respondent


Advocates Appeared:
For the Appellant :Mr. P.M. Negi, Assistant Advocate General.
For the Respondents: Pt. Om Parkash vice Counsel.

JUDGMENT :

Kuldip Chand Sood, J.

This appeal against acquittal is directed the judgment of learned Additional Sessions Judge (2) Kangra at Dharamshala dated January 14, 1993.

2. In brief, the prosecution case is :

3. Jito Devi aged about 26 years was living with her father Nanak Chand (PW2) at village Belalnodora in Tehsil Indora of District Kangra. Jito Devi was unmarried. On July 24, 1990, she left her village in the company of Kamlesh, her brother's wife and daughter of Kamlesh aged about 8 years for Hajipur to purchase cloth for the uniform of children of Kamlesh. Kamlesh returned back home in the evening. However, Jito accompanied by her niece, (daughter of Kamlesh) went to the house of her elder sister Tarsemo Devi (PW12) in village Bhagnal, Tehsil Dasuya in Punjab. She spent the night with her sister. On the next morning, Bahadur Singh (PW 13) gave lift to Jito Devi on his bicycle and left her at Tanda Moar at about 8.30 a.m. Jito Devi did not reach home. On July 28, 1990, a female dead body was noticed by Lal Chand (PW8) in river Beas at old Pattan near Bakrarwan on the banks of river Beas. Lal Chand informed the Police. The dead body was fished out by A.S.I. Suresh Chand, Inch

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