BIHARILAL Vs. STATE OF H P

JUDGEMENT

(1.) Bihari Lal-appellant (hereinafter referred to the 'accused') has challenged the judgment and order dated 6-6-2002 passed by learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr in Sessions Trial No. 15 of 2001 convicting him under Section 302 of the Indian Penal Code, 1860 (for short the 'I.P.C.') for the murder of his wife Smt. Sewa Dassi and Naresh Kumar son about four years of age and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 5,000.00 and in default of payment of fine to suffer simple imprisonment for further period of two years.

(2.) The prosecution case against the accused was that the accused married Smt. Sewa Dassi some time in the year 1990. Two sons, namely, Ram Sawarup and Naresh Kumar were born to them. In the month of January/February, 2000, the accused started treating his wife Smt. Sewa Dassi with cruelty as he suspected that her moral character was not good. Smt. Sewa Dassi left the house of the accused and stayed in the house of her brother Mangal Singh (PW-13) for about one month. On 7-2-2000 Kamla Nand (PW-10) cousin brother of Smt. Sewa Dassi who was working as lineman in H. P. State Electricity Board in village Sarahan, District Kinnaur accompanied Smt. Sewa Dassi to the house of the accused. Smt. Uchhi Devi mother of the accused has been residing in a separate room from the accused along with Ram Sawarup elder son of the accused. The accused along with his wife Smt. Sewa Dassi and Naresh Kumar younger son were residing in separate room of the house. The kitchen of the accused was at a distance of about 25 feet from his living room. Smt. Sewa Dassi and her son Naresh Kumar used to sleep in the said kitchen. It was on 26/27-10-2000 that Diwali festival was being celebrated in the village of the accused. On 27-10-2000 at about 6 a.m. Smt. Uchhi Devi went to the room of the accused and found its door bolted from outside. She looked for the accused and his wife but they were not found nearby their house. She found the door of the kitchen also bolted from outside. Smt. Ucchi Devi then asked her grand-son Ram Sawarup to make search for his parents. Ram Sawarup managed to open the door of the kitchen and found his mother Smt. Sewa Dassi and brother Naresh Kumar lying dead there. He informed his grand-mother who immediately went to the kitchen of the accused and found her daughter-in-law and her grand-son lying dead there. Smt. Uchhi Devi cried loudly in despair. On hearing her cries, Roop Singh (PW- 1) brother of Smt. Uchhi Devi whose house is located at a distance of about 100 meters from the house of the accused in the same village rushed to the house of the accused. Some other villagers including Gopal Singh (PW-6) and Amar Singh (PW0-11) reached at the house of the accused. PW-1 called Sohan Lal (PW-2), Pradhan Gram Panchayat, Gauri Prasad, Member, Gram Panchayat who too reached there. Bhag Ram (PW-15) Ex- Pradhan of Gram Panchayat telephonically informed the Incharge of Police Station, Zhakri, District Shimla about the occurrence. Telephonic information was reduced into writing in daily diary (Ext. PW-17/A) by Inspector Hukam Singh (PW-21) who was posted as Station House Officer at Police Station Zhakri, Tehsil Rampur Bushahr, District Shimla at the relevant time. PW-21 along with constables Gulab Singh and Suresh Kumar proceeded to the place of occurrence for verification of the correctness and genuineness of the information given by PW-15 Bhag Ram.

(3.) The further case of the prosecution was that Smt. Uchhi Devi mother of the accused informed PW-1, PW-2, PW-6, PW-11 and other persons of the village who gathered at the house of the accused that he had committed the murder of his wife and son. PW-11, Phula Singh, Padam Singh and some other persons of the village were deputed to trace out the accused in and around the nearby area of the village. The accused was found hiding himself in bushes in the 'Ghasni' (grass land) near the village. Padam Singh, Phula Singh and PW-11 apprehended the accused and took him to his house in village Chhuara Bai. The accused made extra-judicial confession to PW-1, PW-2 Pradhan, PW-6, J. B. T. Teacher, PW-10 Kamla Nand cousin brother of deceased Smt. Sewa Dass, PW-11 and PW-13 Mangal Singh younger brother of deceased Smt. Sewa Dassi in the presence of other village people that he had strangulated his wife and son as his wife was not of good moral character. PW-21 the Investigating Officer along with other police officials reached at the scene of the occurrence where he found large number of persons present outside the house of the accused. The accused was chained with a rope in his courtyard by the village people. He found the dead bodies of Smt. Sewa Dassi and Naresh Kumar lying in the kitchen. He recorded the statement of PW-1 under S. 154, Cr. P. C. (Ext. PW-1/A) (re-exhibited as PW-21/A) which was forwarded to the Police Station, Zhakari for registration of the formal First Information Report. ASI Keshav Singh (PW-18) registered F. I. R. (Ext. PW-18/A) on 26/7/2000. Photographs of the dead bodies of both the deceased Exts. PW16/A-1 to PW-16/A-5 were taken by Constable Bharat Bhushan (PW-16). PW-21 noticed a mark of blood on the left foot of Smt. Sewal Dassi which was lifted vide recovery memo Ext. PW-2/A. The accused was arrested. He made disclosure statement Ext. PW-2/B in the presence of PW-2 and Gauri Prasad (not examined) to the effect that he could get the rope recovered with which he committed the murder of his wife and child by strangulation. The disclosure statement was attested by the witnesses and Investigation Officer. Pursuant to the disclosure statement, the accused led the witnesses and police to the Verandah of his house and taken out a rope (Ext. P-1) from a hole of the wall of the Verandah. The rope was taken into possession vide recovery memo (Ext. P- 2/C) and sealed with seal impression 'X'. PW-21 submitted two applications, copies whereof are placed on record as Exts. PW- 12/F and PW-12/G to the Medical Officer, MGMS, Khaneri for post mortem examination of the dead bodies of the deceased. The Inquest Reports Ext. PW-21 /D and Ext. PW21/E were prepared and sent to the Medical Officer along with applications. Rope (Ext. P-1) was also sent to the Medical Officer for his opinion to find out whether the said rope could cause the death of the deceased persons by strangulation. The accused was also got examined from the Medical Officer. The specimen hand writing (Exts. PW-4/A to PW-4/10 were taken by Shri Padam Singh (PW-9) Sub-Divisional Magistrate, Rampur Bushahr. Om Parkash (PW-5) who at the relevant time was working as Patwari, Patwar Circle Kinu prepared Jamabandi (Ext. PW-5/A) of Khasra No. 556 of revenue estate Bajwa and field map (Ext. PW-5/B). Drawing (Ext. PW-14/A) of the house of the accused and kitchen was got prepared from Shri Partap Singh (PW-14) Surveyor, H. P. Public Works Department, Sub-Division No. 1, Rampur Bushahr.