STATE OF HIMACHAL PRADESH Vs. PREM CHAND

JUDGEMENT

(1.) This judgment would dispose of the Reference No. 1 of 1992 received from the learned Sessions Judge, Kangra Division at Dharmsala, seeking the confirmation of sentence of death imposed upon the accused Prem Chand with respect to the commission of murder of an old woman Smt. Dhobi Devi and Miss Madhu, a minor aged 3 years besides an attempt to commit murder of Paw an Kumar (P.W. 4), a minor aged 10 years; AND, Criminal Appeal No. 196 of 1992, filed by the appellant Prem Chand against his conviction under Sections, 302, 307 and 382 of the Indian Penal Code, arising from the same incident.

(2.) The prosecution case lies in a short compass. Deceased Dhobi Devi was married to Majnu Ram. At the material time, Sh. Majnu Ram and his son Krishan were working at Kullu. Smt. Kanta Devi (P.W. 8) was married to Krishan. Smt. Leelo Devi, daughter of deceased Dhobi Devi was married to the brother of the accused, namely, Ram Lal alias Bhinda. Pawan Kumar (P.W. 4) injured, is the son of Bhinda. The case of the prosecution further is that Bhinda Ram was not providing the necessities of life to Smt. Leelo Devi. Resultantly, both Leelo Devi and her son Pawan Kumar (P.W. 4) used to reside with deceased Dhobi Devi at Village Sakri, Police Station, Baijnath, District Kangra. Smt. Leelo Devi used to work in the fields for some time. Thereafter she had also left for Kullu where her brother Krishan and father were residing. On the relevant date and time of occurrence, only deceased Smt Dhobi Devi; her grandson Pawan Kumar (P.W. 4) and Miss Madhu - the other victim, were the occupants of the house located at village Sakri. The occurrence took place on the intervening night of 11th and 12th February, 1992. As per the prosecution, accused Prem Chand had visited the house of Smt Dhobi Devi on 10.2.1992 in the, evening. He took his meals in the company of all the three occupants, i.e. both the deceased and the injured. Meanwhile, Geeta Devi (P.W. 6) Wife of Udho Ram (P.W. 7) came to fetch milk from the house of Smt. Dhobi Devi. At that time the accused was sitting along with the deceased Smt. Dhobi Devi and other near the hearth. P.W. 6 enquired about the whereabouts of the accused upon which Smt. Dhobi Devi apprised her that the accused was the real brother of her son-in-law Ram Lal alias Bhinda and he had come as a guest. On the following morning the accused is stated to have left the house but he returned there late at night A dog had been kept by Smt. Dhobi Devi in her house. On his return on 11.2.1992, late at night, the accused gave a call to Smt. Dhobi Devi to tether her dog upon which she enquired about the identity of the person. The accused is stated to have replied that he is the same person who had come yesterday night to her house. The dog was tethered and the accused then entered the house of I the deceased. The accused was asked by Smt. Dhobi Devi about his meals upon which he showed his willingness to have Tkheer, which I was prepared and all of them enjoyed the same. Thereafter Miss Madhu deceased slept with her grand Smt. Dhobi Devi and Paw an Kumar (P.W. 4) slept with his real uncle - the accused.

(3.) During the night, the incident in question occurred allegedly in the manner that the accused gagged the mouth of Pawan Kumar while lights were on. He gave a danda blow to Smt. Dhobi Devi. Immediately, Pawan Kumar (P.W.4) heard that his maternal grand mother Smt. Dhobi Devi was directing him to free the dog who was tethered. Pawan Kumar (P.W. 4) took out the muffler from his mouth and ran towards the stairs. He had hardly covered 2 or 3 stairs when the accused caught hold of him from the neck and caused injuries on his head with the help of an iron pipe, ordinarily, used by the villagers to bum the fife. Thereafter, the accused caught hold of P.W. 4 Pawan Kumar and put his neck on the threshold of the door and gave darati blow causing on his neck too. After committing the murder of Smt. Dhobi Devi the accused put bundles of quilts on her and her minor grand daughter Miss Madhu who was sleeping with her. The latter died due to suffocation caused by the weight of the quilts and subsequent thereto, the accused inserted sansi an instrument of ironT in the rectum of Smt. Dhobi Devi. The accused thereafter searched the boxes and took the entire jewellery of Smt. Dhobi Devi and her daughter-in-law, Kanta Devi, and silently left the place of occurrence. On the fateful day, Smt. Kanta Devi (P.W. 8) had gone in the company of her nanad to village Majhrena to see her off in her Tin-laws house. On 12.2.1992, at about 9 a.m. Smt. Ajudhia wife of Prem Chand (P.W. 5) went to the house of Smt. Dhabi Devi deceased in order to give water to the buffalo which was tethered in the cow-shed of the deceased. She used to call the deceased Smt. Dhobi Devi as chachi. At that time too she gave call to the deceased but received no response. As such she kept the water pot on the ground and went inside the room whereupon she found that lights were on and doors were also open. Smt. Dhabi Devi and her grand-daughter Madhu were found underneath the bundle of guilts and injured Pawan Kumar (P.W. 4) was found lying in a serious condition. On seeing this, she raised an that some one had murdered Smt. Dhobi Devi and the children. Prem Chand (P.W. 5) was attracted by the alarm so raised and he immediately came to the house of the deceased Smt. Dhobi Devi, went inside and found that Pawan Kumar was still breathing. He removed the bundle of quilts and found Smt. Dhobi Devi and Madhu dead. He also found sansiT having been inserted in the rectum of Smt. Dhobi Devi. He immediately informed the Pradhan Udho Ram (P.W. 7) and thereafter both of them went to the police station and lodged the report.