STATE OF HIMACHAL PRADESH Vs. PREM CHAND

JUDGEMENT

(1.) This judgment would dispose of the Reference No. I of 1992 received from the learned Sessions Judge, Kangra Division at Dharamshala, seeking the confirmation of sentence of death imposed upon the accused Prem Chand with respect to the commission of murder of an old woman Smt Dhobi Devi and Miss Madhu, a minor aged 3 years besides an attempt to commit murder of Pawan Kumar (PW -4), a minor aged 10 years ; AND, Criminal Appeal No. 196 of 1992, filed by the appellant Prem Chand against his conviction under sections 302, 307 and 382 of the Indian Penal Code, arising from the same incident. The prosecution case lies in a short compass. Deceased Dhobi Devi was married to Majnu Ram. At the material time, Sh Majnu Ram and his son Krishan were working at Kullu. Smt. Kanta Devi (PW 8) was married to Krishan. Smt. Leela Devi, daughter of deceased Dhobi Devi was married to the brother of the accused, namely, Ram Lai alias Bhinda. Pawan Kumar (PW -4) injured, is the son of Bhinda,

(2.) The case of the prosecution further is that Bhinda Ram was not providing the necessities of life to Smt. Leelo DevL Resultantly, both, Leelo Devi and her son Pawan Kumar (PW -4) used to reside with deceased Dhobi Devi at Village Sakri, Police Station, Baijnath, District Kangra. Smt. Leelo Devi used to work in the fields for some time. Thereafter she had also left for Kulu where her brother Krishan and father were residing On the relevant date and time of occurrence, only deceased Smt. Dhobi Devi, her grandson Pawan Kumar (PW -4) and Miss Madhu -the other victim, were the occupants of the house located at village Sakri.

(3.) The occurrence took place on the intervening night of 11th and I2th February 1992. As per the prosecution, accused Prem Chand had visited the house of Smt. Dhobi Devi on 10 -2 -1992 m the evening. He took his meals in the company of all the three occupants, i. e. both the deceased and the injured. Meanwhile, Geeta Devi (FW -6) wife of Udiio Ram (PW -7) came to fetch milk from the house of Smt. Dhobi Devi. AC that time the accused was silting alongwith the deceased Smt. DhDbi Devi and other near the hearth. PW -6 enquired about the whereabouts of the accused upon which Srnt. Dhobi Devi apprised her that the accused was the real brother of her son -in -law Ram Lai alias Bhinda and he had come as a guest. On the following morning the accused is stated to have left the house but be returned there late at night. A dog had been kept by Smt Dhobi Devi in her house. On his return on IS -2 -1992, late at night, the accused gave a call to Smt. Dhobi Devi to tether her dog upon which she enquired about the identity of the person. The accused is stated to have replied that he is the same person who had come yesterday night to her house. The dog was tethered and the accused then entered the house of the deceased. The accused was asked by Smt. Dhobi Devi about his meals upon which he showed his willingness to have kheer which was prepared and all of them enjoyed the same. Thereafter Miss Madhu deceased slept with her grand -mother Smt. Dhobi Devi and Pawan Kumar (PW -4) slept with his real uncle -the accused.