BHAGMAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By this appeal, the accused has challenged his conviction under section 302, Indian Penal Code for causing the death of his father, Tara Chand in the middle of March, 1987 at Jagna, Tehsil Sarka ghat, District Mandi. He has been sentenced to imprisonment for life and to pay a fine of Rs. 1,000 by the Sessions Judge, Mandi on June 20, 1988.

(2.) Briefly, the facts are that after working as driver at Amritsar for couple of months, the accused came back to live with his father in the village. He was married to Smt. Parmilla. whom he used to give beatings and on such occasions, his father, Tara Chand used to abuse him and chastise him for his behaviour. The incident took place on 18 -3 -1987, when at about 9 30 p.m. the deceased, after taking his meals in kitchen on the upper storey of the house, came down to his room alongwith his grand daughter, Kumari Meera. Thereafter, Kumari Meera went to her room and soon after the accused came with stone (Ext. P -2) from outside and hit his father on the head. On hearing the cries of the deceased, Kumari Meera came there from her room and saw the accused giving two more blows with the said stone on the head of the deceased. She went up -stairs to inform her mother, Smt. Jaiwanti and aunt, Smt. Parmilla, wife of Shri Biri Singh, who came down to the place of occurrence and saw the deceased lying unconscious in a pool of blood. At the scene, they started crying and on hearing the same, number of villagers came there. They encircled the accused to prevent his escape and on being asked, the accused told them that it was in a fit of anger that he killed his father with the stone and in the presence of Smt. Jaiwanti, Smt. Parmilla and Kumari Meera, he also said that he had committed a mistake so he may be saved.

(3.) The incident was reported to the police, Police Station, Sarkaghat telephonically and a case under section 302, Indian Penal Code, vide First Information Report No. 49/87 was registered on 19 -3 -1987. The Station House Officer, Kehar Singh came to the spot, prepared the Inquest Report (Ext. PD), sent the dead -body for post -mortem examination, prepared the site plant (Ext. PW -17/B) and took into possession the stone (Ext. P -2) vide recovery memo. (Ext. PE). During this investigation, blood -stained earth from nearby the dead -body was taken in a Dibba which was sealed on the spot. The beddings of the deceased, namely, pillow (Ext. P -3), gunny bag (Ext. P -4) and Khandolu (Ext. P -5) were also taken in addition to other necessary articles like blood -stained pant (Ext. P -l). After completing the investigation and collecting the necessary documents in the case, challan for the trial of the accused was preferred in the court. Number of witnesses were examined by the prosecution in support of its case.