PANKAJ KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 31.3.2008 rendered by the Additional Sessions Judge, Shimla in Sessions Trial No. 8 -R/7 of 2006 whereby appellant -accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offences punishable under section 302 read with section 34 of the Indian Penal Code and sections 392, 120 -B, 468, 419 and 471 and 201 of the Indian Penal Code alongwith Sandeep Kumar and Vijay Kumar. Accused Sandeep Kumar and Vijay Kumar were acquitted by the Additional Sessions Judge. Accused Pankaj was convicted under section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and to pay a fine of Rs. 50,000/ -. The amount was to be paid to the legal heirs of deceased Suresh. In default of payment of fine, he was ordered to further undergo simple imprisonment for a period of two years. He was also convicted under sections 419, 468 and 471 of the Indian Penal Code and sentenced to undergo simple imprisonment for six months each and also to pay a fine of Rs. 5,000/ - each. In default of payment of fine, he was ordered to undergo simple imprisonment for a period of one month in each case in which default is committed. The sentence was ordered to run concurrently.

(2.) CASE of the prosecution, in a nutshell, is that on 2.2.2006, one Prem Chand, a Ward Member, after attending a meeting in the office of B.D.O., Basantpur, was returning in the evening to his village. He found that many villagers had assembled at Mandri. He was told that a dead body was seen in a culvert at Beuli Moar near Mandri. He informed the police telephonically. He proceeded towards the spot alongwith some villagers. Police from Police Station, Suni conveyed the information further to Police Station, Dhalli. The police from Police Post, Suni arrived at the spot and thereafter police from Police Station, Dhalli reached the spot. Some blood stained pieces of bangles, some blood stained small stones and soil, a plastic container, a blood stained sports shoes etc. were found lying there. In the culvert, a dead body of a person aged about 35 -40 years with sharp edged weapon injuries on his person was found. On the shoe, a mobile number was found written which appeared to be either 98163 -57572 or 98163 -57512. Two slips of paper containing some names and phone numbers were found in the shirt. From the trousers, a ten rupee note and a key ring with two keys were found. Photographs of the spot were taken. Dead body was taken to I.G.M.C. Hospital, Shimla for post -mortem. It was identified by one Mushu Ram as body of his son Suresh Kumar alias Neetu. According to the doctors, who conducted the autopsy, death caused due to multiple chop wounds on scalp and skull leading to damage to brain. Accused Pankaj and Sandeep were interrogated and arrested on 6.2.2006. On the same day, accused Vijay Sharma was also interrogated and arrested. They were remanded to police custody. The police took into possession a register maintained by the police at Shoghi barrier, which showed that vehicle No. HP -20B -2797 had crossed the barrier on the night intervening 1st and 2nd day of February. The driving licence was shown at the barrier. It was in the name of Vineet Kumar. Father of accused Pankaj produced driving licence No. 4364 to the police. As per its contents, it was issued to Vinod Kumar but it bore photograph of Pankaj. Articles, including vehicle No. HP -20 -B -2797, seized by the police, were sent to State Forensic Science Laboratory. On analysis, it was found that hair found in the vehicle tallied with the hair of accused Pankaj. Hair found in the fist of deceased tallied with the hair found on foot mats. Hair found on Chader tallied with the hair of accused Vijay. Human blood of group 'B' was found on foot mats, earth and the small stones, shoe etc. of Vijay Sharma. Human blood of some group was found on clothes of deceased, sachet of Pan Prag, coins etc.

(3.) PROSECUTION submitted list of 71 witnesses in all to prove its case against the accused, out of which 59 witnesses were examined and others were given up. Accused were also examined under section 313 of the Code of Criminal Procedure. They stated that they were innocent and witnesses have deposed falsely against them. Learned Additional Sessions Judge acquitted accused Sandeep Kumar and Vijay Kumar and convicted and sentenced accused Pankaj Kumar, as noticed hereinabove.