KAMAL BAHADUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 5th May, 2005, accused was put to trial. In terms of judgment dated 17th November, 2006, passed by learned Additional Sessions Judge, Solan, in Sessions Trial No. 31-NL/7 of 2006, titled as State of H.P. v. Kamal Bahadur, accused stands convicted and sentenced for the charged offence. It is the case of prosecution that accused Kamal Bahadur was residing at village Bendi in the house of Smt. Bimla Devi (PW-2). Deceased Kashmiro Devi also resided alone in her house in village Jabbal Bendi. Smt. Dhansara, wife of the accused and his children had left the accused and started living at Jammu (J&K). Smt. Dhansara called up Shri Surjit Singh (PW-7), a local shop-keeper of village Bendi and left a message for the accused to call her on Telephone No. 0191262065, which information was passed on to the accused. In village Bendi, Shri Roop Ram (PW-3) and the accused were working as labourers with Shri Ram Piare (PW-17). On 5th May, 2005, these labourers unloaded Saria (iron rods) from the truck and both consumed liquor together. Accused also purchased toffees from the shop of Shri Surjit Singh (PW-7). In the late evening accused went to the house of deceased Kashmiro Devi where Kumari Anjana (PW-16) was also present. There accused offered toffees to the deceased and PW-16. Accused told PW-16 to ask her elder sister Kumari Ashu (PW-15) to provide him with food. PW-15 and PW-16 were related to the deceased and living close-by. Later on, when deceased Kashmiro Devi was alone in her house, by giving blows with a stone (Ex. P-7) and Chimta (Tongs). Soon thereafter PW-15, who was going towards the house of the deceased, saw the accused fleeing away, carrying bundle in his hand. While fleeing he also pushed PW-15. The incident was immediately brought to the notice of neighbour Shri Rattan Lal (PW-14) by Kumari Anjana and Kumari Ashu. They also informed their father Shri Ram Piare about the same. Shri Rattan Lal telephonically informed the police officials at Police Station Ram Shahar, where Sub Inspector Shri Som Nath (PW-21), after entering Rapt (Ex. PW9/A), rushed to the spot and got recorded statement Shri Rattan Lal (PW-14) under Section 154 of the Code of Criminal Procedure (Ex. PW13/B), on the basis of which FIR No. 32/2005 dated 6th May, 2005 (Ex. PW-13/A), under Section 302 of the Indian Penal Code was lodged at Police Station Ram Shahar. Police carried out investigation on the spot. Shri Joginder Singh (PW-6) took photographs (Ex. PW-6/1 to Ex. PW6/16). Spot map (Ex. PW-21/A) was prepared. After preparation of inquest report (Ex. PW-4/B), blood stained stone (Ex. P-7) and Chimta (Ex. P-8) were recovered by the police alongwith the sample of the blood stained soil and broken pieces of bangles belonging to the deceased. Dead body was sent for postmortem, which was conducted by Dr. Brind Kapil (PW-4) alongwith Dr. Bhupesh Gupta, who issued postmortem report (Ex. PW-4/C), which revealed that deceased had died due to cardiogenic shock, resulting into death. Accused was nowhere to be found. He was absconding and left his tenanted place without any information. During investigation, police contacted Shri Prem Bahadur (PW-12) at Jammu, the place where family of the accused was staying. Further, investigation revealed that on 6th May, 2005, accused had visited house of PW-20 alongwith his children and wife, but however, he suddenly left from there on 8th May, 2005. Later on his family returned in the evening but he did not come back. On 8th May, 2005, police officials from Police Station Ram Shahar visited the house of Shri Prem Bahadur and informed him about the factum of murder and complicity of the accused in the alleged crime. Soon thereafter Shri Prem Bahadur received a telephonic call from the accused enquiring about the welfare of his family. On 22nd May, 2004 accused returned to the house of Shri Prem Bahadur, who in turn called President of the Gram Panchayat, in whose presence accused admitted his guilt. Accordingly, Shri Prem Bahadur informed the officials of Police Station Ram Shahar and custody of the accused was handed over to them. Accused was arrested and during interrogation he made disclosure statement Ex. PW-19/A. This was so done on 25th May, 2005, and accused further got recovered his blood stained pants, shirt and Chappal from the Dhaank (cliff), the place where he had thrown the same after committing the crime and fleeing away from the spot. PW-16 also identified the clothes to be that of the accused since she had seen him wear the same at the time of commission of crime. Report of the Chemical Examiner (Ex. PX-I to Ex. PX-III) revealed that the seized articles, including the weapon of offence, contained human blood and the hair found on the weapon of offence matched with the sample of the hair taken from the body of the deceased. With the completion of the investigation, which revealed complicity of the accused to the alleged crime, challan was presented in Court for trial.

(2.) Accused was charged for having committed an offence punishable under Section 302 of the Indian Penal Code to which he pleaded not guilty and claimed trial.

(3.) In order to prove its case, prosecution examined as many as 21 witnesses and statement of accused under Section 313 of the Code of Criminal Procedure was also recorded.