MOHAMMAD HIMMAYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Mohammad Himmayal has filed this appeal, who is aggrieved against the judgment and order dated 2.4.2011 passed by the learned Additional Sessions Judge, Ludhiana vide which he was held guilty for offences under Sections 302 and 201 of the Indian Penal Code ('IPC' - for short) and was sentenced to undergo rigorous imprisonment for life and to pay a fine of '5,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months for the offence under Section 302 IPC. He was further sentenced to undergo rigorous imprisonment for one year and to pay a fine of '2,000/- and in default of payment of fine to further undergo rigorous imprisonment for one month for the offence under Section 201 IPC. However, both the sentences were ordered to run concurrently.

(2.) The facts of the prosecution case in brief are that the FIR (Ex.PC/3) was registered on the statement (Ex.PC) of Harnek Ram, who has stated that his father Kabal Ram had a house measuring 200 sq. yards in Grewal Colony, Gehlewal Road, Near Ballabh Fabrics, in which five rooms were constructed. They used to give rooms on rent to people coming from Bihar for doing labour work. One such room was rented out to Ansari wife of Jameel, muslim who was residing with her husband and children for the last two years. Adjoining room was rented out to Himmayal alias Nenu alias Kalwa, who started residing with his wife aged about 30/32 years since 25.6.2005. One Noor Aalam, a friend of Himmayal often used to come to him. Ansari told him that Himmayal suspects the character of his wife Afrooja, as a result of which there was often quarrel between them. Due to this reason, the complainant told Himmayal to vacate his room on 25.7.2005. On the day of occurrence at about 10.00 a.m. when he went to his above said house, Ansari told him that Himmayal had left the room along with his wife Afrooja after vacating it at about 10.00 p.m. In the meantime, he came to know that a dead body of one woman was lying in the vacant plot of Ravinder Kumar Jain in the area of Village Gehlewal adjacent to boundary wall near godown of J.S. Mills. He went to the spot and saw that it was the dead body of Afrooja wife of Himmayal. He inquired about the circumstances from neighbours and came to the conclusion that Afrooja was murdered by Himmayal along with his companion Noor Aalam by strangulating her neck with a 'Parna' and after murder with an intention to dispose of the dead body threw it in the plot of Ravinder Kumar Jain. He got recorded his statement at the spot by identifying the dead body of Afrooja, which was attested by Inspector Jaswinder Singh, SHO, Police Station, Basti Jodhewal, Ludhiana on 23.7.2005 at 11.30 a.m., who reached the spot along with other police officials after receiving a wireless QST from the Control Room that a dead body of a woman was lying in his police area near Gehlewal Road. 'Ruqa' was sent to Police Station through Constable Ashok Kumar for registration of the FIR, on the basis of which formal FIR No.183 dated 23.7.2005 (Ex.PC/3) was recorded by ASI Maghar Singh for the commission of offences under Sections 302, 201 and 34 IPC at Police Station Basti Jodhewal, Ludhiana.

(3.) The SHO along with other police officials who were at the spot started investigation. He prepared inquest report (Ex.PD). The dead body was identified by Harnek Singh and Ansari wife of Jameel. He recorded the statements of these persons under Section 175 Cr.P.C. The dead body was sent for post-mortem vide application (Ex.PE) through HC Bhajan Singh and Constable Amarjit Singh alongwith documents. He prepared the rough site plan (Ex.PF) of the place of occurrence. He recorded the statements of witnesses. HC Bhajan Singh after post-mortem handed over to him one parcel of the clothes of deceased and post-mortem report and other belongings of the deceased. The same were taken into police possession vide memo (Ex.PG). On 24.7.2005, he recorded the statement of Inderjit Singh-PW before whom appellant made extra-judicial confession. He also recorded the statements of PW-Jaswinder Singh and others. On 25.7.2005, when he was present at 'Naka' duty at T-point Rahon Road, appellantMohammad Himmayal was produced before him by Inderjit Singh. He was arrested in this case vide arrest memo (Ex.PH). Intimation of arrest of accused was given to Sarabjit Singh vide memo (Ex.PJ). After completion of investigation, final report was filed in the Court.