PARDEEP SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT Pardeep Sharma (hereinafter referred to as the accused) has appealed against the judgment dated 4.11.2011 of the learned Sessions Judge, Sirmaur District at Nahan, passed in Sessions Trial No.31 -ST/7 of 2011 -10, titled as State of Himachal Pradesh versus Pardeep Sharma, whereby he stands convicted for having committed offences punishable under the provisions of Sections 498 -A, 302 and 201 of the Indian Penal Code. He is sentenced to undergo rigorous imprisonment for life and pay fine of Rs.10,000/ -, in default of payment of fine to further undergo rigorous imprisonment for a period of one year, in relation to offence punishable under Section 302 of the Whether reporters of the local papers may be allowed to see the judgment? Yes. Indian Penal Code; rigorous imprisonment for two years and . fine of Rs.2,000/ -, in default of payment of fine to further undergo rigorous imprisonment for a period of three months, in relation to offence punishable under Section 498 -A of the Indian Penal Code; and rigorous imprisonment for two years and fine of Rs.5,000/ -, in default of payment of fine to further undergo rigorous imprisonment for a period of six months, in relation to offence punishable under Section 201 of the Indian Penal Code.

(2.) IT is the case of prosecution that on 31.5.2010, Police Station, Shillai, District Sirmaur, was telephonically informed about the death of Smt. Kanta Devi. Rapt No.14(A) (Ex. PW -7/B) was entered in the Daily Diary. LHC Iqbal Singh, HC Kalyan Singh (PW -12), Constable Ramesh Chand and ASI Rajesh Pal (PW -16) proceeded to the spot of crime in village Bohrad, where Deepa Ram (PW -15)), brother of the deceased got his statement (Ex. PW -15/A) recorded, under the provisions of Section 154 of the Code of Criminal Procedure. The same was sent through Constable Ramesh Chand for registration of case, on the basis of which FIR No.38, dated 31.5.2010 (Ex. PW -7/A), under the provisions of Section 306 of the Indian Penal Code, was registered at Police Station, Shillai, District Sirmaur, Himachal Pradesh, against accused Pardeep Sharma, husband of the deceased.

(3.) ON the spot, inquest report was prepared; dead body was sent for postmortem to CHC Shillai, which was conducted by Dr. A.V. Raghav (PW -14), who issued report (Ex. PW -14/C). Initially, police was informed by the accused that deceased had died after consuming poison. However, as per report of the Forensic Science Laboratory, Junga (Ex. PW -14/A) there was no evidence of any poisonous substance in the body of the deceased. Eventually, the Doctor opined that deceased died on account of throttling.