SHYAM LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) In this appeal the appellant -accused (hereafter referred to as the accused1) has assailed the judgment dated 27.12.2000 passed by the learned Sessions Judge, Bilaspur in.. Sessions Trial No. 5 of 2000 whereby the accused has been convicted under Section 302 of the Indian Penal Code and has been sentenced to undergo life imprisonment and to pay fine of Rs. 5,000/ - and in default of payment of fine to undergo further rigorous imprisonment for two years.

(2.) The case of the prosecution against the accused, in brief, is that on 3.12.1999 at about 9.30 p.m. the accused went to the compound of the house of one Kirpa Ram in village Solag and enquired about his presence. Ravinder Kumar (PW -1), son of Kirpa Ram, informed the accused that Kirpa Ram was inside the house. Shyam Lai v. State of H.P. 299 Thereafter the accused told PW -1 and is mother Kamla Devi (PW -2) that he had murdered Bhandari Ram of village Solag and his dead body was lying in a nearby field and they should go there and bring the dead body of Bhandari Ram to their house. The accused then ran away. PW -1 followed the accused and then went to the field and found that Bhandari Ram was lying in injured condition in the field of Pohlo Ram and was crying with pain. He informed PW -1 that the accused had injured him. PW -2 and Shakti Chand (PW -3) also came there. It was noticed that there were stab injuries on the back and chest of Bhandari Ram which were bleeding. Bhandari Ram asked for water and when the water was given to him, he could not drink it and succumbed to the injuries. His dead body was taken on a cot to a nearby rain shelter on the road side. Sukh Ram (PW -19), a Compounder, was called to the train shelter who on examination of Bhandari Ram informed that he was dead. The occurrence was telephonically reported to the police which reached on the spot at 2.30 a.m. On the night intervening 3rd and 4th of December, 1999. Statement of PW -1 under Section 154 of the Code of Criminal Procedure (Ext. PA) was recorded by the police on the basis of which formal FIR under Section 302 (Ext. PY) was registered at Police Station Barmana. Blood lying in the rain shelter was taken in possession with the help of cotton Ext. P -2 vide memo. Ext. PC. Blood stained articles, i.e. one dry branch of tree, dry leaves and two stones were taken in possession vide memo. Ext. PF. A blood strained stone lying at a distance of 25 feet from the place where the dead body of Bhandari Ram was lying, was extracted and taken in possession vide memo. Ext. PD. The Investigating Officer, SI Puran Chand (PW -24) took photographs of the dead body and prepared, inquest report Ext. PT and PT/1. Post mortem of the dead body was conducted by Dr. Chander Kanta Gupta (PW -7) and Dr. Jagdish Gupta (PW -8) who found the following injuries on the person of the deceased

(2.) There was another clean incised wound which was placed 2 cms below the wound no. (1) and was seen after cleaning the blood. Size of the wound was 2x0.5 cms. This wound was corresponding to the tear on the pant, under trousers and underwear.