STATE OF HIMACHAL PRADESH Vs. PARAS RAM

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 1/2.9.1999, accused was put to trial. In terms of judgment dated 20.1.2001 passed by Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, in Sessions Trial No.1 of 2000, titled as State of H.P. vs. Paras Ram, accused stands acquitted of the charged offence.

(2.) It is the case of the prosecution that deceased Hansu Devi alias Ishwari Devi was married to accused Paras Ram some time in the year 1971-72. Accused was serving in the armed forces and retired in March 1999. In the year 1992, accused had 1 Whether reporters of Local Papers may be allowed to see the judgment? physically assaulted his wife as a result of which she was hospitalized. With the intervention of real brothers of the deceased Sh. Dasmi Ram (PW-1) and Sh. Daulat Ram (PW-7) and also an independent witness Sh. Raftar Singh (PW-19), accused had entered into a compromise. He not only apologized but admitted his guilt and by way of written compromise (Ext.PW-1/D/Ext.PW-13/A) agreed not to subject his wife to further cruelty. On 1.9.1999 accused, deceased and their children, including Swantatar Kumar (PW-4) and one Ms. Shanta Devi (PW-3), daughter of elder brother of the accused, who also was being brought up by them, had their meals in their house at village Dogari and retired for the night. In the morning of 2.9.1999, PW-4 saw the deceased lying dead on the cot in the bed room of the accused. PW-3 was also present at that time. Children, including PW-3 & PW-4, started raising hue and cry which attracted attention of the villagers. PW-1, who was living in village Charmal at a distance of 300 yards from the house of the accused, after hearing cries of the children rushed to the spot alongwith his wife Smt. Maya Devi. He found the body of the deceased lying on the bed and marks of strangulation around her neck. Blood was also oozing from her mouth. Accused was nowhere to be seen. He made inquiries from the neighbours i.e. brother of the accused, who informed him that the accused was present in the house the previous night. Same day PW-1 informed Sh. Mangat Ram (PW-2), Up-Pradhan of Gram Panchayat, Khanag about the incident, who advised to report the matter to the police. Accordingly, PW-1 walked upto the nearest Police Post which was at a place known as Anni and lodged F.I.R. (Ext.PW-1/A) under Section 302 IPC on 3.9.1999 at about 4.15 a.m.. ASI Kanshi Ram (PW-23) commenced investigation by proceeding to the spot. He associated photographer Bhagwan Dass (PW-22) from Anni alongwith himself. On the spot photographs (Ext.P-1 to P-20) were taken. Mattresses (Ext.P-27, P-28), bed sheet (Ext.P-26), one electric wire (Ext.P-29 & P-30), some medicines (Ext.P-31) were recovered by the police from the spot in the presence of Sh. Mangat Ram (PW-2) and PW-7. Inquest report (Ext.PW-1/B) was prepared on the spot and dead body sent for post mortem examination, which was conducted by Dr. R. L. Gupta (PW-10) and Dr. Mohan Lal (PW-14) and post mortem report (Ext.PW-10/B) obtained which revealed that accused had died of esphyxia caused by strangulation. Investigation revealed that accused was present in his house on 1.9.1999, which fact was revealed by PW-3, PW-4, PW-7 and his son Om Parkash (PW-24). Allegedly accused had purchased certain grocery items from the shop owned by PW-7 and run by PW-24 in a nearby village. Police suspected that after murdering his wife accused had absconded from the spot. As such, he was arrested on 6.9.1999 at Anni, where he was interrogated by PW-23. Interrogation revealed that after murdering his wife, accused had left his house in the early hours of 2.9.1999 towards Kullu and Mandi. On 5.9.1999 he stayed at Deepak Guest House, Rampur Bushahr, where he falsely entered his name in the register as Suresh Thakur. This was done in the presence of Sh. Jai Ram (PW-12), Manager of the Guest House. Accused requested him to suggest a name of a lawyer as he had wanted to seek legal advise. Accordingly, name of Sh. Keshav Thakur, Advocate was suggested. During interrogation, accused confirmed having purchased grocery items from PW-24 on 1.9.1999. However, he took up a plea that his wife had committed suicide and not that he had murdered her. Further investigation was handed over by ASI Kanshi Ram (PW-23) to SI Kashmir Singh (PW-20) on 8.9.1999, before whom the very same day, accused made a disclosure statement (Ext.PW-2/D) to the effect that he could get the rope, with which he had murdered his wife, recovered. PW-20, in the presence of PW-2 & PW-7 recovered the rope (Ext.P-32) from the spot. PW-20 also took into possession, from the spot, a note book (Ext.P-34) allegedly containing hand writing of the accused. He also took into possession one envelope (Ext.P-33). Compromise (Ext.PW- 1/D/PW-13/A) was taken by the police from the possession of PW-1. During investigation police also took specimen signatures and hand writing of the accused (Ext.PW-5/B-1 to PW-5/B-10), in the presence of the Chief Judicial Magistrate, Anni, Sh. Rajesh Tomar (PW-5).

(3.) Documents (Ext.PW-5/B-1 to Ext.PW-5/B-10 and Ext.PW- 13/A/Ext.PW-1/D) were sent for examination to the hand writing Expert Dr. B.A. Vaid (PW-13), according to whom, hand writing on both sets of documents appeared to be of the very same person. Investigation revealed that accused alone had murdered his wife and thereafter absconded from his house.