NAR BAHADUR Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant-convict Nar Bahadur, hereinafter referred to as the accused, has assailed the judgment dated 26.5.2009, passed by Additional Sessions Judge, Fast Track Court, Shimla, Himachal Pradesh, in Sessions Trial No.9-S/7 of 2009, titled as State of Himachal Pradesh Vs. Nar Bahadur, whereby he stands convicted of the offence punishable under the provisions of Sec. 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and pay fine of INR 10,000.00 and in default thereof, to further undergo simple imprisonment for a period of one year.

(2.) It is the case of prosecution that on 2.11.2008, Smt. Sonia (PW-1), after taking dinner, was sleeping with her children in her room. He father-in-law (accused) was sleeping in the other room. At night, she heard some noise. She got up and saw the accused with a Drat in his hand. He killed his wife-Chitarkala. She immediately woke up her brother-in-law (Jeth), Sanjeev Bahadur (PW-2), who was sleeping closeby. PW-2 came with his wife Smt. Renu. Seeing all of them, accused fled away from the spot with the Drat (Ex.P-5). The matter was reported to the police at Police Station Kotkhai, where an entry was recorded in the Daily Diary Register. Statement (Ex. PA) of Sonia (PW-1), under the provisions of Sec. 154 of the Code of Criminal Procedure, was recorded by the police, on the basis of which FIR No.99 dated 3.11.2008 (Ex. PW-7/A), under the provisions of Sec. 302 of the Indian Penal Code, was registered at Police Station, Kotkhai. SI Tambeshwar Thakur (PW-9) proceeded to the spot to conduct investigation. Inquest report (Ex.PW-9/F) was prepared and dead body was sent for postmortem, which was conducted by Dr. Dhruv Gupta (PW-3). During investigation, accused made disclosure statement (Ex. PW-4/A) in the presence of Raman Sawant (PW-4), and got recovered the weapon of offence i.e. Drat (TokA)(Ex.P-5). Accused also got recovered blood stained bedding, i.e. Dari (Ex.P-3), Chaddar (Ex. P-4) and his clothes, i.e. shirt (Ex. P-1) and Pyjama (Ex.P-2). Photographs (Ex. PW-9/B to Ex. PW-9/D) were taken on the spot and spot map (Ex. PW-9/G) prepared. Police, after conducting necessary investigation on the spot and obtaining reports (Ex. PX, PY & PZ) from the Forensic Science Laboratory, filed the challan in Court for trial.

(3.) Accused was charged for having committed an offence punishable under the provisions of Sec. 302 of the Indian Penal Code, to which he did not plead guilty and claimed trial.