BUDHI SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 23rd August, 2004 vide which the appeal preferred by the accused, against the judgment of conviction and order of sentence for life was dismissed and the same was affirmed by the High Court of Himachal Pradesh at Shimla. The facts giving rise to the present appeal in brief can be usefully noticed. Ganga Ram and Budhi Singh were sons of Bala Ram. Ganga Ram along with two minor sons Ramnath, aged about 11 years and Mohan Lal was living in a room in a house owned by Bala Ram in Village Chowki, District Kullu. Budhi Singh was living with his parents in a separate room of the same building. Ganga Ram was married, but his wife Smt. Indra Devi had deserted him - had settled with one Dolu Ram as his wife.

(2.) On 9th November, 2000, Bala Ram, who was examined as DW1 was grazing sheep and goats in the field adjoining his house. Ramnath, who was examined as PW9, was washing clothes in the courtyard of the house. At about 4 p.m., Ganga Ram came to the house under the influence of liquor. As he entered the house, he started pelting stones on the roof of the house and abused his father, DW-1. A quarrel took place between Ganga Ram and his father. During the fight between the father and the son, DW1 struck a danda blow to Ganga Ram, then he shouted for help and called his son Budhi Singh who was inside the house. On hearing the shouts of his father, Budhi Singh came to the spot armed with a tobru (small axe) in his hands. Budhi Singh inflicted tobru blow on the skull of Ganga Ram as a result of which Ganga Ram suffered injuries on his head and fell down in the field. The wounds of Ganga Ram were profusely bleeding. Budhi Singh, accused and his father, DW1 went to their house leaving Ganga Ram in the injured condition in the field. After some time they came back to the field and carried Ganga Ram to the verandah of their house, but by that time, Ganga Ram had died due to injuries inflicted upon him. This incident occurred at about 4 p.m. After some time, PW9 son of the deceased went to the nearby house of PW1, Surat Ram and narrated the incident of killing of his father by his uncle namely Budhi Singh. PW1 and some other residents of the village gathered in the house of Bala Ram and found the dead body of the deceased lying there. In the night, some of the persons who had come to the house of Bala Ram also informed Khimi Ram, Member Zila Parishad, who was examined as PW2, of the occurrence. He telephonically passed the information of murder of Ganga Ram to the Police Post, Bhunter. The information was recorded by PW6, Head Constable, Ram Swarup in the Roznamcha, Ext. PW6/A at Police Chowki, Bhunter. PW6 also informed the SHO Roshan Lal of Police Station, Kullu in regard to the occurrence. Upon receiving directions from PW6 investigation was started and police officials were deputed at the place of occurrence. When the Investigating Officer, PW10 reached the place of occurrence, DW1 disclosed to him that Ganga Ram was murdered by him with Danda blow though PW9, the minor son of the deceased, informed PW10 that his father, Ganga Ram, was murdered by the accused with tobru blows. PW10 recorded the statement, Ext. PW9/A, of PW9 under Section 154 of the Code of Criminal Procedure, 1973 (for short "the CrPC") and sent the same to the police station. On the basis of this, the First Information Report (FIR), Ext. PW7/B, was recorded at about 2.45 p.m. on 10th November, 2000 by Muharrar Head Constable Bhagat Ram, PW7. PW10 inspected the spot, took blood stained earth and bunch of hair of the deceased from the spot vide Ext. PB prepared in the presence of PW1. PW10 prepared the inquest report, Ext. PA and took the photographs of the dead body of Ganga Ram. Then the body of Ganga Ram was sent to District Hospital for post mortem. The post mortem of the body was performed by Dr. Bhupender Chauhan, PW5 and he prepared his report Ext. PW5A. According to the post mortem report, injuries found on the body of the deceased and the cause of death as declared by the PW5 reads as follows:-

(3.) The accused was arrested, put to trial and vide judgment dated 1st January, 2002, the trial court convicted the accused Budhi Singh for committing an offence under Section 302 of the Indian Penal Code, 1860 (IPC) and as a sequel to the finding recorded on merits, also passed an order of sentence, awarding life imprisonment and a fine of Rs. 2,000. In default of fine, the accused was directed to suffer further imprisonment for six months. This judgment of the trial court was appealed by the accused as already noticed. The appeal came to be dismissed by the judgment of the High Court dated 23rd August, 2004 affirming the judgment of the Trial Court giving rise to the filing of the present appeal by way of special leave.