DHAN BAHADUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted by the appellant-accused (herein after referred to as "accused" for convenience sake) against judgment rendered by learned Addl. Sessions Judge, Ghumarwin in Sessions Trial No. 5/7 of 2010/09 dated 29.11.2010, whereby accused, who was charged with and tried for offence under Section 302 of the Indian Penal Code, has been convicted and sentenced to undergo to life imprisonment and to pay a fine of Rs. 5,000/- and in default of payment of fine, to further undergo simple imprisonment for 2 months.

(2.) Case of the prosecution, in a nutshell, is that Naresh Kumar PW-1, is owner of house situated at Kherian Luhnoo. He rented out two rooms in the ground floor to accused on a monthly rent of Rs. 500/-, wherein accused was living alongwith his wife and two sons. Accused was working as a labourer at Bilaspur whereas his wife Kamla Devi was working in Juice Factory situated in industrial area Bilaspur. A tap was installed outside the kitchen from where Naresh Kumar, accused and other persons used to fetch water. On 8.6.2009, while PW-1 Naresh Kumar at 7.00 am came to fetch water from the tap, he noticed that accused has not turned up though during night he was present in his house. PW-1 came near the room of the accused and called his name but nobody responded. Thereafter, PW-1 Naresh Kumar called Kamal Sharma, Up Pradhan and Kamal Sharma alongwith Ram Pal came to the spot and when they pushed the door, they noticed blood marks near the door. Matter was reported to the police at 7.50 am by Naresh Kumar. Statement of Naresh Kumar was recorded under Section 154 of the Criminal Procedure Code vide Ext. PW-1/A, which was forwarded to the police station Sadar, on the basis of which an FIR Ext. PW-15/A was registered. The police opened the door. Blood stained body of Kamla Devi, wife of the accused was found lying on the cot. Blood was scattered on the cot. Children were sleeping in the adjoining room. Accused was found missing. Site Plan Ext. PW-18/A was prepared. Inquest reports Ext. PW-1/E and PW-1/F were prepared. Blood stained wooden bat (Thapi) was found. It was measured. It was wrapped in a parcel and sealed with 3 seal impressions of 'T'. It was taken into possession vide seizure memo Ext. PW-1/B in the presence of PW-1 Naresh Kumar, PW-2 Rakesh Kumar. Bed sheet was seized vide seizure memo Ext. PW-1/C. Three days after the murder of Kamla Devi, accused rang up Jamna Devi (PW-7) on her telephone No. 317010 and requested her to call his mother-in-law, who asked the accused to come back. Accused visited the house of his mother-in-law on 18.6.2009 where PW-2 Rakesh Kumar informed the police and police arrested the accused. Disclosure statement Ext.PW-9/A of the accused was recorded. He led the police party to the spot. Identification memo Ext. PW-10/A was prepared. Police also collected the call details. Post mortem was got conducted. Post mortem report is Ext. PW-14/A-B. Report of the chemical examiner is Ext. PW-14/A-C. According to the Doctor, deceased died as a result of head injury leading to Haemorrhagic and vasovagal shock. Investigation was completed. Challan was put up after completing all the codal formalities. Accused was convicted and sentenced as noticed herein above.

(3.) Prosecution has examined as many as 21 witnesses in order to prove its case against the accused. Statement of accused was also recorded under Section 313 of the Criminal Procedure Code. He has denied the case of the prosecution. Learned trial Court convicted and sentenced the accused, as noticed hereinabove. Hence, the present appeal.