PARKASH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This jail appeal is directed against the judgment of learned Sessions Judge, Kinnaur Sessions Division at Rampur dated January 12, 2000 whereby the appellant Parkash Chand, hereinafter referred to as the "accused", was convicted for offences punishable under Sections 302, 436 and 201 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay a fine of rupees 5,000 for an offence under Section 302 of the Indian Penal Code. He is further sentenced to suffer rigorous imprisonment for seven years and fine of rupees 1,000 for an offence punishable under Section 436 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and a fine of rupees 500 for an offence punishable under Section 201 of the Indian Penal Code. In case of default in the payment of fine, the accused is to undergo simple imprisonment for one year, six months and three months, respectively on each count. The sentences are directed to run concurrently.

(2.) The prosecution case was: Parkash Chand "accused" is son of Narain Dass resident of village Thala within the jurisdiction of Police Station, Rampur in the District of Shimla. Narain Dass and his brother Twarku Ram (PW 9) had a common wife in accordance with custom "polyandry" prevalent in the area. Four children, two sons and two daughters, were born to the common wife. Accused Parkash Chand and Bimla Devi were named as issues of Narain Dass the other son Raj Pal and Maina Devi (PW 13) were entered as children of Twarku Ram in the record. Both the brothers Narain Dass and Twarku Ram lived in the same house in the village. Twarku Ram was employed as Assistant Lineman with Haryana State Electricity Board and was posted at Panchkula at the relevant time. Twarku Ram and Narain Dass lived separately though in the same house at Thala. Accused Parkash Chand was married in January or February, 1996. Relations between Narain Dass and the accused became strained after the marriage. He separated the accused, gave him his share in the property. Accused with his wife started living in a cattle shed (Khud) in the ground floor of the house. Narain Dass lived with the daughter of his predeceased daughter Bimla Devi. The house consisted of three khuds/cattle sheds in the ground floor and three living rooms on the upper storey. There was no electricity connection in the cattle sheds including the cattle shed occupied by the accused. One of the Khud/cattle shed was in the occupation of Bahadur Singh for tethering his cattle. On December 21, 1998, Narain Dass asked the accused to pay rupees 50 on account of his share for the electricity bill which Narain Dass is supposed to have received during the course of the day. Accused refused to pay the electricity bill. On the evening of December 22, 1998, Narain Dass asked the accused not to take electricity supply to his room (khud) from the meter. An argument ensued between the two. Accused started quarreling with his father. He slapped his father and pushed him from the verandah of the first floor. Narain Dass fell down in the courtyard. Accused then gagged the mouth of his father with a handkerchief (Ext. P8). Narain Dass died. Accused carried the dead body of his father to one of the cattle sheds in occupation of Bahadur Singh. He thereafter returned back to his room. When his wife was asleep, the accused came to the cattle shed where he had kept the dead body of his father, dug up a grave and buried the body of his father. On December 23, 1998, he left the house along with his wife sisters daughter who was living with his father Narain Dass to the house of his in -laws, He returned back half way through asking his wife to go to her parental house and that he would join them later. He returned to his own house at about 9.00 p.m. He set his house on fire at about 10.30 in the night. The entire house was gutted in fire. The villagers rushed to extinguish the fire. The accused, in the meanwhile, had returned back to the house of his in -laws at Munish. Twarku Ram (PW 9) brother of deceased Narain Dass was informed about the fire. Twarku Ram came to Thala. Accused returned back on the evening of December 25, 1998. When asked about the whereabouts of his father Narain Dass, he informed Twarku Ram and other villagers that Narain Dass had left the house on the morning of December 23, .1998. Narain Dass could not be traced. Twarku Ram and accused reported at the Police Station about the incidence of fire on December 27, 1998. Head Constable Padam Singh (PW 16) came to village Thala on December 29, 1998. He looked for Narain Dass in the debris of the burnt house. Despite thorough search, neither Narain Dass nor his dead body nor remains could be found in the debris. It is the further case of the prosecution that Urmila Devi (PW 6) wife of Singhi Ram, who is brother of deceased Narain Dass, was grazing cattle near the gutted house of Narain Dass on January 9, 1999. She noticed files hovering the burnt house of Narain Dass. She informed Jagat Singh (PW 2) Up -Pradhan of Gram Panchyat and Saindi Ram (PW 3) Pradhan of the Gram Panchayat about the hovering of the flies over the debris. Both Jagat Singh and Saindi Ram went to the gutted house of Narain Dass along with other villagers. They again looked into the debris but could not find anything. It is the case of the prosecution that while the villagers were looking into the debris, accused took Jagat Singh and Saindi Ram aside and told them that on the evening of December 22, 1998, at 7.30 p.m., he slapped his father as he had demanded rupees 50 from him on account of his share of the electricity bill. He also confessed that he pushed his father from the verandah of the first floor who fell down in the court yard and died. He also told that he came down and then gagged the mouth of his father and dumped his dead body in a grave dug by him in the cattle shed (khuds). He took Jagat Singh and Saindi Ram to the cattle shed in occupation of Bahadur Singh where he had buried the dead body of his father. Jagat Singh and Saindi Ram asked the villagers, who had collected there, to dig up the place. After the site was dug for some depth, human hairs and portion of head surfaced. Jagat Singh and Saindi Ram stopped further digging. Jagat Singh sent a person to inform the Police. As police did not turn up therefore, Jagat Singh went to the Police Station along with the accused on January 12,1999 and lodged the First Information Report (Ext. PD).

(3.) Assistant Sub Inspector Amar Chand (PW 20), the Investigating Officer along with other police officers visited the spot on the same day. He had also taken with him Dr. Padam Dev Sharma, Medical Officer, to conduct the post mortem on the dead body on the spot. The dead body was taken out from the pit. The body was totally putrefied and was merely a skeleton. Handkerchief Ext. P8 was found in the mouth of the body. Some clothes were also found lying near the dead body. The dead body was identified by Jagat Singh (PW 2), Saindi Ram (PW 3) and Singhi Ram (PW 7), brother of deceased Narain Dass, to be that of Narain Dass. After the preparation of the inquest report, post mortem was conducted by Dr. Padam Dev Sharma (PW 1) on the spot who opined that the condition of the dead body was suggestive of death due to respiratory arrest. The police, on the disclosure statement made by the accused, recovered his shirts Exts. P9 and P10 from the dogri of Shyam Lal where he was staying after his house was gutted in fire. He also got recovered belcha (shovel) Ext. P1L