STATE OF HIMACHAL PRADESH Vs. VILAS MARUTI SUTAR

JUDGEMENT

(1.) This is an appeal filed by the State of Himachal Pradesh against the judgment and order of the High Court of Himachal Pradesh in appeal acquitting the respondent of charge under S. 302 of the Indian Penal Code. The Sessions Judge, Solan and Sirmur Districts in Himachal Pradesh had convicted the respondent under S. 302 of the Indian Penal Code and sentenced him to imprisonment for life. However, in respect of charges under S. 201 of the Indian Penal Code the respondent who was the accused, had been given the benefit of doubt. The High Court, however, reversed the findings of the Sessions Court regarding charge under S. 302 and acquitted the respondent.

(2.) The prosecution story, briefly stated, is as follows: The accused (respondent) was in the service of the Indian Army. At the relevant time, he was serving in the unit of 12th Battalion of Maratha Light Infantry at Solan in Himachal Pradesh. He was allotted a family quarter where he was living with his wife Malu Tai since 29th of January, 1983. The accused was granted annual leave from 6th of June, 1983 till 10th of August, 1983. He was also granted a free travelling warrant by rail from Solan to Kolhapur on 3rd of June, 1983. The accused is a resident of Village Hiralgey, Police Station Gadhinglaj, Kolhapur District, State of Maharashtra. The accused also obtained a concession travelling warrant for Malu Tai on 9th of June, 1983. However, the accused left Solan and boarded the train by himself and reached his village in Maharashtra. Three or four days later he went to see Shanta Bai, the mother of Malu Tai. When Shanta Bai enquired about Malu Tai and asked why she had not accompanied the accused, the accused told Shanta Bai that Malu Tai had got down from the train at Delhi and said that she would come later. The accused demanded some utensils from Shanta Bai's house and despite her protests, took away his bicycle which was lying at Shanta Bai's house.

(3.) Getting suspicious, Shanta Bai made a complaint on 17th of June, 1983 at Gadhinglaj to the effect that she was suspecting foul play on the part of the accused in regard to her daughter. In the meanwhile, some Railway Gangmen while on railway track patrol near Railway Station Koti in Himachal Pradesh found a gunny-bag below the railway track. The gunny-bag was emitting a foul smell. The railway police was informed. The bag was opened and it was found to contain the body of a woman. Certain articles were also found in the bag. On post-mortem examination, the body was found in an advanced stage of decomposition. The doctor noted the various clothes on the body including currency notes of Rs. 405/-. There were depressed fractures on the right parietal bone and frontal bone on the right side. Viscera was preserved and sent for chemical examination. On receipt of the chemical examiner's report, the medical witness opined that the cause of death was organo phosphorus poisoning. The period between death and post-mortem examination was estimated at 2 to 5 days. A case was registered under S. 302 of the Indian Penal Code.