HARVINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Conviction rendered for life imprisonment by the Division Bench of the High Court of Himachal Pradesh, by setting at naught the order of acquittal rendered by the Additional Sessions Judge (Presiding Officer), Fast Track Court, Solan, Himachal Pradesh, is under challenge in these appeals.

(2.) The appellant, along with the co-accused (since deceased), was charged under Ss. 302, 376, 511, 454, 380 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"). The case of the prosecution is that PW1 while making a visit to his cow-shed on 17/6/2003 at about 3.15 pm heard the cries of the deceased frantically asking him for help stating "Mama ji Bachao". He went to the house of the deceased, and called out the name of her husband (PW5) but received no response. Thereafter, he heard the hushed voices of the accused, two in number. He then saw both of them at the main gate. Accused No. 1 was found with blood stains on his shirt while smelling of alcohol. The accused threatened him with dire consequences and made an attempt to grab him. After extricating himself from the accused, he ran towards his house. PW1 informed one Chandrawati about the incident, who in turn advised him to wait till his wife joins. It was preceded by an enquiry with the mother-in-law of the deceased.

(3.) After the advent of PW2, his wife, he, along with her and Chandrawati made a visit to the house of the deceased. They saw two children of the deceased who were studying in 5th and 7th standards respectively, at the house. On inquiry they informed that their mother was sleeping. PW1 and PW2, along with Chandrawati, entered the room and saw the deceased in a pool of blood, half-naked. PW2 sent telephonic information to the police station, followed by the registration of the first information report at about 6.30 pm at the instance of PW1.