TEJ SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The Appellant (hereinafter referred to as the accused) was tried for committing the murder of one Mahatma, Baba of Bhagot (hereinafter referred to the "deceased") and was convicted for offences under Sections 302 and 201 of the Indian Penal Code. He was sentenced to imprisonment for life and also to pay fine of Rs. 5,000/- under Section 302 IPC and in default thereof to undergo rigorous imprisonment for two years. Under Section 201 of the Indian Penal Code, the accused was to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/-; in default to further undergo rigorous imprisonment for three months by the learned Sessions Judge, Chamba in Sessions Case No. 4 of 1998 on 31.10.1998. Both substantive sentences were ordered to run concurrently. Against the judgment and order of the learned Sessions Judge, the accused is in appeal before this Court.

(2.) The prosecution case was that one Mahatma, namely, Baba Gian Chand used to reside in village Lunharghat in Tehsil and District, Chamba for the last about 25 years who died on 28-7-1997. The villagers had gathered near the temple to perform the last rites of Baba Gian Chand. Another Mahatma, namely, Baba of Bhagot was called to finalize the ways and procedure for the cremation of deceased Baba Gian Chand. Baba of Bhagot arrived at about 2.30 p.m. on the said day and after due debate and consultation with him, it was decided that Baba Gian Chand was not to be cremated but he was to be buried and a 'Samadhi' was to be built in his memory. There were about 150 persons present at the place where the grave was to be dug out to bury the dead body of Baba Gian Chand. The accused was also present at that time and objected to the decision taken by Baba of Bhagot on the ground that 'Samadhi' has to be taken by those persons who are alive and not by dead person. The accused as per the prosecution became enraged by the decision taken by Baba of Bhagot to bury the dead body of deceased Baba Gian Chand in the grave and he wielded a blow of 'Drat' on the head of Baba of Bhagot which incidentally did not hit directly on his head but the blow first struck against the branch of plum tree and thereafter it struck against the head of Baba of Bhagot. The blow of 'Drat' resulted causing blood injury on the head of Baba of Bhagot. It was also alleged that in the same transaction, the said blow of 'Drat' also caused injury to one Ambika Prashad. The accused did not stop there and after throwing the 'Drat' on the ground, he picked up a Jhabbal (a long iron rod) and inflicted one blow of it on the head of Baba of Bhagot as a result of the said blow Baba fell down on the ground. On seeing the incident, all the villagers who had gathered at that place fled away from there due to fear of violence to which the accused had resorted to. Baba of Bhagot died on the spot due to the injuries suffered by him at the hands of the accused. Subsequently, at about 3.30 p.m. on the same day, the incident was reported to the police by Manak Chand (PW-1) President of Gram Panchayat, Kiyani. SI Sadhu Ram (PW-11) immediately reached on the spot of occurrence and found that the dead bodies of Baba Gian Chand and Baba of Bhagot were missing and the empty grave dug out by the villagers for burying dead body of Baba Gian Chand was found covered with soil. The accused was not present there at that time. The police moved an application to the Sub-Divisional Magistrate, Chamba on the same day seeking his permission for digging out the bodies of both Mahatmas from the grave and Sh. M.L. Sharma (PW-14) accordingly granted the permission. The dead bodies of Baba of Bhagot and Baba Gian Chand were found inside the grave which were taken into possession by the police and then despatched to the District Hospital, Chamba for post-mortem. On the basis of the statement of PW-Manak Chand recorded by the police under Section 154 Code of criminal Procedure. First Information Report (Ex.PQ) was registered on the same day at 6 p.m. in Police Station Sadar, Chamba under Sections 320 and 201 of the Indian Penal Code. SI Sadhu Ram made search for the accused, who fled away from the scene of occurrence and was not found available in his house till he was arrested on 30.7-1997. The accused made disclosure statement (Ex. PN) during the investigation of the case which led the recovery of 'Drat', weapon of offence.

(3.) Two inquest reports (Ex. PC) and (Ex. PD) were prepared on the spot by the investigating officer and recovery memos for taking into possession 'Drat', apparels, two site plans (Ex. PU) and (Ex. PV) were prepared on the spot. After the receipt of the postmortem reports (Exts. PR and PS) in respect of the dead bodies of deceased Mahatma Baba of Bhagot and Baba Gian Chand as well as report of the Forensic Science laboratory (Ex-P-2), the investigation was completed by the police and charge sheet was laid before the learned Chief Judicial Magistrate, Chamba against the accused who committed the case for trial to the Court of Sessions Judge.