GOPAL CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal has been preferred by the accused/appellant (hereinafter referred to as the accused) against the judgment dated 3.7.2001 passed by the learned Additional Sessions Judge, Mandi whereby the accused has been conficted under Section 302 of the Indian Penal Code and has been sentenced to life imprisonment and fine of Rs. 3,000/ - and in default of payment of fine to undergo simple imprisonment for six months.

(2.) Case of the prosecution in brief is that Rirku Ram (since deceased) resident of Banwar had five sons, four of them remain outside the village in connection with earning their livelihood. His fifth son Gopal Chand (the accused) used to reside with his father Rirku Ram and was unemployed since 1990. On 25.8.1999 at about 4 or 5 p.m. accused was sleeping in the house. His mother had gone to Dogri and was not present at home. The deceased I on return to his house woke up the accused and asked him to do some work whereupon the accused started beating his father with a Mai (Ext. P -2) as a result of which the deceased received fatal of injuries and he remained lying at the place where he was beaten up. The accused again went to sleep. When he woke up around 1 a.m. in the night he noticed that his father was breathing his last. The accused, therefore, went to his cousin Suresh (PW -1) and informed him of the occurrence whereupon PW -1 woke up his brother Ramesh who advised him that first the matter must be reported to the Ward Member and thereafter they would go to the house of the deceased. Therefore, they went to the house of Ward Member Pritam (PW -2) and narrated the occurrence to him. Thereafter they went to the house of the deceased. One Bishan Dass was also called to the spot At that time the deceased was lying in the verandah in injured condition and despite inquiries he did not speak anything. At about 2 a.m. he succumbed to the injuries. Thereafter at about 8 a.m. on 26.8.1999 PW -2 went to the house of President of the concerned Panchayat, namely, Som Dev (PW -3) and informed him that the accused had murdered the deceased. PW -3 went to the house of the deceased and saw the dead body of the deceased lying in the verandah of the house. By that time relative of the deceased had also reached on the spot. Accused was also present in his room and his mother had also returned from the Dogri. On inquiries made by PW -3 the accused and his mother told that whatever was to happen that has happened and nothing should be done in the matter. The relatives of the deceased, however, did not agree to such a proposal and desired that the matter should be reported to the police. Therefore, PW -3 telephonically informed the police on the basis of which F.I.R. Ext. PW -ll/A was recorded at Police Station, Sadar Mandi and the investigation followed. During the investigation the blood and soil from the spot were taken in possession by the police vide memo Ext. PW -3/C. On production by the accused Mai Ext. P -2 the weapon of offence was also taken in possession vide memo Ext. PW -3/D. Blood stained pant of the accused Ext. P -3 on production by the accused was also taken in possession vide memo Ext. PW -3/E. After preparing the inquest report Ext. PW -3/E the dead body was sent for post -mortem examination which was conducted by Dr. Jiva Nand (PW -5). At the time of such examination following ante -mortem injuries were found on the dead body of the deceased: -

(3.) On the basis of the charge -sheet the learned Additional Sessions Judge, Mandi framed a charge against the accused under Section 302 of the Indian Penal Code to which the accused pleaded not guilty. To prove I the charge against the accused prosecution examined 11 witnesses. Statement of the accused was recorded under Section 313 Cr.P.C. wherein he denied the incriminating evidence and claimed that he has been falsely I implicated in the case. The accused, however, did not lead any defence evidence.