STATE OF HIMACHAL PRADESH Vs. MOHINDER KAUR @ NIMMO

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 13.11.2003, accused were put to trial. In terms of judgment dated 31.12.2005, passed by the Sessions Judge, Bilaspur, H.P., in Sessions Trial No. 7 of 2004, titled as State of H.P. versus Mohinder Kaur @ Nimmo and another, accused stand acquitted of the charged offences.

(2.) IT is the case of prosecution that on 12.11.2003 an old Sikh gentleman i.e. Sh. Parkash Singh (deceased) came with accused No. 1 Mohinder Kaur and accused No. 2 Beant Singh, a Hindu gentleman to Shri Naina Deviji Temple and stayed in the dharamshala run by Sh. Jagdish Kumar (PW-4). They vacated the room in the morning of 13.11.2003 and shifted to the dharamshala/guest house run by Sh. Mohan Lal (PW-1). Caretaker Sh. Vijay Kumar (PW-2) of the said dharamshala allotted room No. 4 of the dharamshala to them on 13.11.2003. At about 9.00 a.m., accused left the dharamshala on the pretext of purchasing medicines from the market, but thereafter did not return. On 15.11.2003 Sh. Rakesh Kumar (PW-5), son of Sh. Mohan Lal (PW-1), found foul smell coming from room No. 4. He opened the window and saw a body lying inside. Accordingly police was informed and HC-Hari Singh (PW-12) made entry in the register. ASI-Hussan Lal along with other police officials proceeded to the spot and after breaking open the lock of the door of the room, found the body lying dead on a cot inside the room to be that of the deceased. F.I.R. No. 159/03, dated 20.11.2003 (Ext. PW 13/B) was registered by HC-Rajeshwar Singh (PW-13) at police station Kot Kehloor, under Sections 302, 201 read with Section 34 IPC. The owners of the dharamshala and their staff were called by the police to ascertain the identity of the deceased. The deceased happened to be from the neighbouring State i.e. Punjab and PW-4 identified him to have stayed in his dharamshala in the night of 12.11.2003. From the pocket of the clothes worn by the deceased police recovered a purse and found one telephone number written on a chit. Further investigation led the investigating agencies to a village in Punjab where Sh. Swaran Singh (PW-16) and Sh. Satnam Singh (PW-21) identified the deceased Parkash Singh to be their father. Investigation revealed that after death of his wife, deceased had started staying with accused No. 1 who lived a life of recluse. Police suspected her involvement in the instant crime. Resultantly she was arrested on 20.11.2003 at Khanna (Punjab) and brought to Police Station, Kot Kehloor. An accomplice i.e. accused No. 2 was also arrested. Identity of the accused was not revealed to anyone and police sought permission from the concerned Court for conducting the test identification parade. However accused refused to participate in such exercise for the reason that their identity already stood disclosed by the police. Such application was thus rejected by the court. However, during the course of interrogation, in the presence of independent witness Sh. Lal Chand (PW-3), accused confessed to have murdered the deceased. Accused were later on got identified on 29.11.2003 from PW-1 and PW-2.

(3.) ACCUSED were charged for having committed offences punishable under Section 302 read with Section 34 of the Indian Penal Code to which they did not plead guilty and claimed trial.