KISHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is a jail appeal preferred by the appellant against his conviction and sentence for the offence of murder punishable under Section 302 of the Indian Penal Code whereby he has been sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/ - with the default clause. In short, the prosecution case, as emerges from the evidence on record, can be stated thus. On 14.8.2004 at about 10.30 p.m. PW1 Babu Ram, a farmer was on his way to scaffold to guard his maize crop. On his way, he heard the shrieks of a lady coming from the place known as "Dharamshala" which was at a distance of about 10 -12 meters from his house. He called his son Shyam Lal. Both of them went to PW2 Ashwani Kumar Pradhan of their Panchayat and informed him. All of them visited the place of incident and noticed a dead body of an unknown lady lying inside the jhugi (temporary shed). Her bag, cloths and milk bottle were lying nearby. PW2 Ashwani Kumar telephonically informed the police. Police reached the spot around 12.00 during night. The statement of Babu Ram Ext. PA was recorded under Section 154 of the Code of Criminal Procedure on the basis of which a formal FIR was registered.

(2.) DURING investigation PW16 S.I. Purshotam Chand recorded the statements of six witnesses and tried to trace out the accused but in vain. On the cloth of the female deceased, there was a slip of Ludhiana, therefore, on 17/18.4.2005 he proceeded to Ludhiana and was able to trace out the father of the lady, namely, Kartar Singh @ Kartana (not examined), who, on seeing the photographs, identified dead body of female as his daughter and male as his grandson.

(3.) AFTER about 8 months, i.e. on 14.4.2005 a person dressed like sadhu was located in Brahmnighat who intended to go in the boat. Getting suspicious, the boatman called PW6 Barkety Ram asked that person that he had become sadhu and inquired about the lady and child but he refused that no lady and child were ever with him. However, PW6 identified him to be the same person who had taken food with the deceased and her child and also the way he was speaking. At that time, Dharam Singh, PW10 Khem Chand and PW11 Ranjeet Singh were stated to be present. They were told to keep eye on him, thereafter he went to PW2 Ashwani Kumar Pradhan and told him about the accused and to inform the police about his presence at Brahmnighat. Police reached the spot and took the accused into custody on the same day, i.e., on 14.4.2005.