SINGHU Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal of Singhu Appellant (hereinafter referred to as the Accused), against his conviction for the offence punishable under Section 302 of the Indian Penal Code, is directed against the judgment of learned Sessions Judge, Chamba Division at Chamba, dated May 26, 1998.

(2.) Raghu deceased was resident of village Ledru in Tehsil Churah of District Chamba. Ahli Devi (PW1) is widow of deceased Raghu. Dead body of Raghu was found 50 yards away from the road at village Dalua Panihar. The matter was reported to the Police at O.P.C. Tarela. The Incharge of the Police Post, in turn, informed Police Station, Tissa and formal F.I.R. (Ext. PG) was recorded on February 22, 1997 after SI/SHO returned from the spot.

(3.) Prosecution case, in brief, is that Raghu left his house on February 18, 1997 for village Shawanl to collect shawls from one Bhagdei, a weaver, which is at a distance of five miles from village Ledru. Raghu did not return back. Next day, Ahli Devi, widow of the deceased alongwith her son, went in search of Raghu but he was not found. It was on the next morning that she alongwith her son Bhag Singh found the dead body of her husband 50 yards below the road at Dalua Panihar. On the report of Ahli Devi, Police came to the spot where photographs of the dead body were taken. The dead body was sent for post mortem sifter inquest. Certain articles, including clothes were taken into possession by the Police. Samples of blood stained earth were lifted from the spot and sealed in separate packets. The post mortem of dead body of Raghu disclosed that he died because of asphyxia due to throttling. Accordingly a case under i Section 302 of the Indian Penal Code was registered. The prosecution A story is that the accused was having illicit relations with Ahli Devi wife of the deceased, therefore he killed him.