PAWAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE present appeal is instituted against the judgment dated 27.5.2009 rendered by learned Additional Sessions Judge, Shimla, H.P. in Sessions Trial No. 1 -S/7 of 2009, whereby the appellant/accused (hereafter referred to as the "accused" for the sake of convenience), who was charged with and tried for an offence punishable under Section 302 of the Indian Penal Code, was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/ - and in default of payment of fine to further undergo rigorous imprisonment for one year under Section 302 of the Indian Penal Code.

(2.) THE case of the prosecution, in a nutshell, is that on 27.6.2008, PW1 Roop Dutt, Vice President, Gram Panchayat, Balog telephonically informed the Police at Police Post Junga that near Balog Ghati in Dob Nallah, dead body of a woman was noticed. The police proceeded from Junga to the spot. The Incharge, Police Post Junga, who was at that time away in Rohalti area, was telephonically informed, who further informed the Police at Police Station Dhalli. The police reached the spot. Statement of Roop Dutt under Section 154 Cr.P.C. was recorded. Dead body was sent to the IGMC for postmortem examination. According to the report of the doctor, the deceased died due to asphyxia secondary to ligature strangulation homicidal in nature. It has come in the investigation that the deceased Nirmala left her house on 26.6.2008 for Chail to buy some goods. She was expected to return by the evening, but she did not. Next day, her dead body was spotted in Dob Nallah. The accused was arrested. The investigation was completed and the challan was put up in the trial court after completing all the codal formalities.

(3.) MR . Vinay Thakur and Mr. Satyen Vaidya, learned Advocates, have vehemently argued that the prosecution has failed to prove its case against the accused.