JAI CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Accused Jai Chand and Budhi Singh were prosecuted in Sessions Trial No. 18 of 1996 in the Court of Sessions Judge, Mandi for offences punishable under Ss. 302/109 of the Indian Penal Code and Section 25 of the Arms Act for the murder of Smt. Seema Devi wife of accused Jai Chand. By the impugned order, the learned Sessions Judge has sentenced accused Jai Chand for life and to pay a fine of Rs. 2000.00 under Section 302, IPC and in default of payment of fine to suffer rigorous imprisonment for six months. Under Section 25 of the Arms Act, 1959, he was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500.00 and in default of payment of fine, to undergo rigorous imprisonment for two months. Accused Budhi Singh has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000.00 for the offence punishable under S. 109 read with Section 302 of the Indian Penal Code and in default of payment of fine, to undergo rigorous imprisonment for six months. Both the sentences imposed upon accused Jai Chand were ordered to run concurrently. Both the accused, appellants herein, have challenged their conviction and sentence in this appeal.

(2.) Accused Jai Chand is the son of accused Budhi Singh and they were living in their house in village Barnod under Police Station and Tehsil Jogindernagar, District Mandi. Smt. Seema Devi was wife of accused Jai Chand. The relation between Smt. Seema Devi and both the accused were strained. Accused Budhi Singh owned a Gun SBBL No. 30396 for which he is holding a valid licence.

(3.) It was the prosecution case that Smt. Seema Devi filed some criminal case against one Devi Singh and her husband Jail Chand prior to the present incident. On 31-12-1995 Smt. Seema Devi shouted for Kaushalya Devi (P.W. 7) wife of Hari Singh her 'Jeth' (brother of accused Budhi Singh) and told the latter that children had set the grass on fire. The children refuted the allegations and stated that they had set only the nest of wasps on fire. On this count, accused Budhi Singh picked quarrel with his daughter-in-law Smt. Seema Devi. Accused Jai Chand asked his wife as to why she was quarrelling with his father. She replied that it was her father-in-law who had picked quarrel with her without any reason and it had become intolerable for her to bear the hostile behaviour and attitude of her father-in-law. It was further alleged that accused Budhi Singh instigated his son accused Jai Chand to kill his wife with the gun and he would see the consequences lateron. On the instigation of his father, accused Jai Chand took the gun and shot dead Smt. Seema Devi, when she was in the kitchen. Smt. Kaushalya Devi witnessed the entire incident, and rushed to the scene of crime followed by her husband Hari Singh (PW. 8). At the scene of occurrence. many other persons also gathered. Accused Jai Chnd tried to re-load the gun but it was timely snatched away from his hand by Hari Singh. The incident was reported to the police at Police Station, Jogindernagar by Ram Singh (PW-5) and on the basis of his report, First Information Report (Ex. PG) came to be lodged on 1-1-1996 at 9 a.m. against both the accused under Ss. 302/34 of the Indian Penal Code and S. 25/54/59 of the Arms Act. Sh Bishamber Dutt, Sub Inspector (PW. 12) after registration of the case visited the scene of crime and prepared inquest report Ex. PH on the dead body of Smt. Seema Devi which was lying in the kitchen. Site plan Ex. PW-12/A was also prepared; took into possession 'Khandolu' (sleeping mattress); two live cartridges Ex. P. 14 and Ex. P. 15; small green bag Ex. P-16 and the gun licence Ex. P-17. He also collected controlled sample of earth Ex. P. 37; blood stained earth Ex. P. 38 and the Gun Ex. P-19 produced by PW Hari Singh containing fired cartridge Ex. P. 18. The dead body of Smt. Seema Devi was sent to Civil Hospital. Jogindernagar for post mortem, which was conducted by a team of doctors, namely, Dr. Raj Kumar (PW. 1) Sunil Thakur, Dr. R. P. Kaushal and Dr. D.D. Rana. Sketch map of the Gun Ex. PW/ 19/A was also prepared and viscera report was sent to Chemical Examination for Forensic Science Laboratory along with other items. Post Mortem report Ex. PA and the Chemical Examiner's report Ex. P. 12/E were collected. Gun Ex. P-19 was also sent to Forensic Science Laboratory together with used cartridges, irregular red pellets and plastic air cushion and metallic pieces. The Chemical Examiner submitted his report Ex. PW. 12/C in respect of the gun and other material. Sanction order Ex. PW. 12/D was also obtained from the District Magistrate, Mandi to prosecute the accused persons under Arms Act. Statements of the witnesses were recorded and on completion of the entire investigation, charge-sheet was laid before the trial Court against both the accused alleging the commission of the aforesaid offences.