BUDHI SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is an appeal by the Appellants-accused (hereinafter referred to as 'the accused') against the judgment dated 29.4.2000/1.5.2000, passed by the learned Additional Sessions Judge-II Kangra at Dharamshala, whereby, the accused have been convicted and sentenced as under:

(2.) Briefly stated, the case of the prosecution is that on 26.6.1998 at 4.20 p.m., a telephonic information was received from Sanjay Kumar (PW 5) at Police Station Dehra to the effect that Suman (since deceased) wife of accused Budhi Singh had died because of the collapsing of the wall of their house in village Jambal, Police Station Dehra District Kangra but he had not visited the spot, therefore, action be taken in the matter. The information was recorded at the aforesaid Police Station vide D.D. Report Ex. PW-11/A. Thereafter, Nathu Ram, Officer-in-charge of the Police Station (PW-12) along with a few other police officials, visited the place of occurrence. On inspection of the spot, PW-12 found that dead body of Suman was kept in a room of the house and injury on her fore-head was noticed. It was also observed by him that the wall appeared to have been demolished and had not collapsed. Therefore, he prepared Inquest Reports Ex. PW-1/B and Ex. PW-1/C and took photographs of the dead body and the wall Exts. PW-3/A-1 to PW-3/A-5 and sent the dead body for post-mortem examination. The post-mortem examination of the dead body was conducted by Dr. D.P. Swami (PW-1) and Dr. Era Vermani in Zonal Hospital, Dharamshala. At the time of post-mortem examination, the following ante-mortem injuries were noticed on the dead body of the deceased:

(3.) After receipt of the report Ex. PX from the Assistant Director, State Forensic Science Laboratory, Junga, according to which no poison or alcohal was found in the viscera, the final opinion about the cause of death is that the deceased died of combined effect of mechanical asphyxia and suffocation due to ante-mortem pressure and foreign bodies on the chest (respiratory passage), respectively, and the final opinion so given is Ex. PW-1/E.