GOPAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant was convicted and sentenced by the learned trial Court for the offence punishable under Section 302 of the Indian Penal Code, in Sessions Trial No.16-ST/7 of 2009/2011, decided on 5.5.2011/11.5.2011, to undergo imprisonment for life and to pay a fine of Rs. .10,000/- with the default clause, for allegedly committing murder of his wife Smt. Neelam Kumari. Hence the present appeal.

(2.) In short, the prosecution case can be stated thus. The appellant, hereinafter to be referred as 'the accused' was originally resident of Sundernagar, District Mandi. He had married Smt. Neelam Kumari, sister of PW6 Upender. To establish his business he shifted to Kala-Amb and initially started work in a factory. Later he opened a grocery shop. By his earning, he had also constructed his two storeyed house at Kala-Amb where he resided with his wife and three minor children.

(3.) On completing investigation, police came to the conclusion that the accused had committed murder because he suspected the deceased-wife, of illicit relations with PW11 Ajay Kumar, @ 'Bihari Babu'. The Challan was presented in the Court for the trial of the accused.