KULDEEP @ BITTU Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure is directed against the judgment of the learned Additional Sessions Judge, Shimla in Sessions Trial No. 19/7 of 2001 whereby he has convicted the appellants (hereinafter referred to as the accused) for the offence under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as I.P.C.) and Section 460 read with Section 34 I.P.C. They have been sentenced to undergo life imprisonment for the offence under Section 302 read with Section 34 I.P.C. with a fine of Rs. 5,000/- each and in case of default of payment of fine the accused have been ordered to undergo simple imprisonment for six months. For the offence under Section 460 read with Section 34 I.P.C., both the accused have been sentenced to undergo three years rigorous imprisonment and a fine of Rs. 1,000/- each. In default of payment of fine, they have been ordered to undergo further simple imprisonment for one month. The sentences have been ordered to run concurrently.

(2.) The case of the prosecution is based on the statement of PW.1, Smt. Sevati Devi, recorded under Section 154 Cr.P.C. The gist of this statement is that Smt. Sevati Devi, aged about 85 years, is a resident of village Ned. She is an agriculturist. She and her husband, Sita Ram, had no issue. Therefore, her husband had got his entire land and property entered in the name of her nephew Col. Daulat Singh, who was looking after them. She states that on 9.1.2001 they took their meals at about 7.00 p.m. and thereafter her husband listened to the news at 7.50 p.m. She heard the news briefly and went to her room to sleep. Her husband followed her and went to his room. She then switched off the lights and went to sleep. She had barely slept for about 5 minutes when her husband started screaming and called out for her by name. It appeared to her that somebody might have gagged his mouth. She then became suspicious that there may be a thief in the house and she, therefore, ran to nearby village Manyana and raised an alarm that thieves are beating the old man and please save him. Immediately 7-8 boys of the village came towards her house. She also accompanied them. The thieves switched off the lights of the house. Then in her presence one of the thieves quickly jumped down from the corner of the house and fled away. The villagers chased him and then his accomplice, finding an opportunity, managed to escape. Then the villagers switched on the lights of the house. When Smt. Sevati went to the room of her husband, she found that a piece of cloth had been stuffed into his mouth and he had died. The lock of the trunk was open and the jewelry and cash lying in it had been stolen by the thieves. The keys of the cash chest were hanging from the cash chest. These keys had been taken by the thieves from the pocket of her husband. She suspected that the crime had been committed by Kuldeep Sharma of Pulbahal area in connivance with his accomplices. She was suspicious of Kuldeep Sharma since he had been working as Chowkidar in the orchard of Col. Daulat Singh and had complete knowledge about her house and also because he had come one month previously without any work and had insisted that he may be permitted to stay for a night.

(3.) The incident was first reported at Police Post, Deha at 8.45 p.m. by PW-2, Col. Daulat Singh on telephone. The report regarding the same was entered in the Rapat Roznamcha copy of which is Ex. 'PW-7/A. Thereafter PW-18, ASI Bidhi Singh accompanied by other police officials went to the spot. Telephonic intimation regarding the incident was also given by PW-7, H.C. Subhash Chand to Police Station, Theog which was recorded at Police Station, Theog by PW14, Lady Constable Meena. At Theog, the Rapat Roznamcha was entered at 8.40 p.m. on 9.1.2001 and copy of the same is Ex. PW14/A. The police party from Police Post, Deha reached village Neri at about 10 p.m. and there the statement of PW-1, Sevati Devi under Section 154 Cr.P.C. was recorded which is Ext. PW-1/A. The same was then sent through Constable Subhash Chand for registration of the case to Police Station, Theog and on the basis of Ex. PW-1/A. PW 11, H.C. Varinder Kumar recorded the FIR, Ex. PW-11/A on 10.1.2001 at 4.05 a.m. by 12 midnight, the police party from Theog headed by PW-19, SHO Anant Ram also reached the spot. PW-19 prepared the site plan, Ex. PW-19/A. He also took into possession a Shawl, Ex. P-1 and Sickle Ex. P-3 vide memos Ex. PW-4/A and Ex. PW-2/A, respectively. It is alleged that these articles belong to the accused. He also prepared the inquest papers Ex. PW-15/A and Ex. PW-15/B and sent the same along with the body of deceased - Sita Ram to Civil Hospital, Theog for postmortem.