CHAIN LAL Vs. STATE

JUDGEMENT

(1.) The Appellant, Chain Singh, alias Chaino, stands convicted under Sections 302/201, I.P.C. for causing the death of Parkash Chand and for causing disappearance of the death body of the deceased and sentenced to undergo life imprisonment and to pay a fine of Rs. 500 for offence under Section 302, I.P.C In case of non-payment of fine, he is directed to undergo further rigorous imprisonment for a period of two months. He is sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 200 for the offence Under-Section 201, I.P.C. In case of non-payment of fine, he is directed to undergo further rigorous imprisonment for 15 days, by the learned Sessions Judge, Chamba Division, at Chamba in Sessions Case No. 17 of 1989 decided on August 23, 1990. The Appellant has preferred this appeal challenging the correctness of the judgment recorded by the learned Sessions Judge.

(2.) The facts leading to the prosecution case are that Parkash Chand deceased was married with Smt- Bimla PW 4 about four years before the alleged murder of the deceased. The deceased and Smt Bimla PW 4 used to reside at the house of Bimla's father, Mahant Ram, at village Sarahan. Smt. Chunno PW 9, who is the sister of Smt. Bimla, was earlier married with Jalam and gave birth to a daughter at the house of Jalam Later, however, Chunno PW 9 fell apart from Jalam and started living at her father's house at Sarahan, where her sister Bimla PW 4 and her brother-in-law, Parkash Chand deceased were also residing. Chunno PW 9 was said to have developed illicit intimacy with deceased Parkash Cband. It is the further case of the prosecution that Smt. Chunno PW 9 conceived a child from the loins of Parkash Chand In the meanwhile, Chunno PW 9 came to the house of accused Chain Lal at village Rundla and started living there as his wife. Chunno PW 9 was said to have produced a male child in the house of Chain Lal accused which was allegedly conceived by her with Prakash Chand deceased Baldev PW 3 and Chamno alias Chaman Singh PW 5 are the brothers of Chain Lal accused. Sikho PW 2 is the cousin brother of Chain Lal accused. All these witnesses were residing in village Rundla where Chain Lal accused used to reside.

(3.) The further case of the prosecution is that at about 9 p.m. on June 9, 1989, Baldev PW 3 who was irrigating his vegetable plaints in the field, heard some shrieks from the village side. On this Baldev PW 3 went towards his house in village Rundla but he met Chamno PW 5 on the way. Chamno PW 5 assured Baldev P W 3 regarding the welfare of the wife and daughter of Baldev and on the assurance, Baldev returned back to his field for irrigating his vegetable plants. He returned to his house at about 10 p.m. and went to enquire from Sikho PW 2 and Chain Lal accused if they also had heard any cries or shrieks at about 9. p.m. Sikho PW 2 and the accused denied of having heard any shrieks in the village.