CHANDRESH SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellant/convict has filed the instant appeal against the judgment, dated 20/25/9/2018 passed by the learned Additional Sessions Judge-III, Kangra at Dharamshala, whereby he has been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.20,000.00 and, in default of payment of fine, to further undergo simple imprisonment for a period of six months under Sec. 302 of Indian Penal Code (for short, IPC) and to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.10,000.00 and, in default of payment of fine, to further undergo simple imprisonment for a period of 3 months under Sec. 376 IPC. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution, in brief, is that on 13/1/2013, at about 12.30 a.m., Ram Pal (PW9) visited the Police Post, Gaggal, and informed them that the room of Archana Mahajan (since deceased), who used to live in his house on rent basis, was closed for the last two days, and when her room was opened by her mother, she was found to be dead in her room. On receipt of such information, HC Desh Raj, along with HHC Madan Lal and Constbale Nawal Bharti, rushed to the spot. The SHO, P.S. Kangra, and Dy. SP were also informed about the incident telephonically vide Rapat No. 16, and accordingly, SHO Mohinder Singh along with ASI Mehar Singh, Lady HC Raksha, and HHC Harbans Singh, visited the spot at place 'Ichhi' in a government vehicle bearing number HP-682341. After reaching the spot, LHC Raksha inspected the body of the deceased, and after inspection, the inquest report, i.e., forms 25.35 A, B, and C, were filled in. During the course of the inspection, injury marks were noticed on the neck of the deceased, and blood was found oozing out of her private parts. On 13/1/2013, the Investigating Officer, Dy. SP Mohinder Singh (PW42), recorded the statement of complainant Sudesh Mahajan (PW1) under Sec. 154 Cr.P.C. He also took photographs of the spot with the help of official camera. The dead body of the deceased was subjected to postmortem examination at Dr. RPGMC, Tanda, and after clicking photographs of the dead body, postmortem report was obtained, wherein the cause of death was found to be that of neck compression by ligature strangulation being sufficient to cause death in the ordinary course of nature; therefore, an offence under Sec. 302 of the Indian Penal Code was made out, and F.I.R. 21/2013 dtd. 11/1/2013 came to be registered.

(3.) During the investigation, the investigating officer visited the rented accommodation of the deceased at Ichhi and found one blood-stained pillow cover alongwith one woollen glove on the floor. He clicked the photographs of the aforesaid articles and took possession of same after sealing them in a cloth parcel vide separate memo. During the search of the room, one mobile phone reliance LG, one mobile age charger, one greeting birthday card, one ATM card, lock, key, and one wrapper, over which 'Hit Killer Rats' was written, were recovered and taken into possession vide separate recovery memo in the presence of witnesses Pawan Kumar.