JYOTI SWARUP Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT -convict Jyoti Swarup, hereinafter referred to as the accused, has assailed the judgment dated 24.6.2008, passed by Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, Himachal Pradesh, in Sessions Trial No. 34 of 2004, titled as State of Himachal Pradesh v. Jyoti Swarup, whereby he stands convicted of the offence punishable under the provisions of Sections 302 and 452 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and pay fine of Rs. 5,000/ - and in default thereof to further undergo simple imprisonment for a period of two years, in relation to an offence punishable under Section 302 of the Indian Penal Code; to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 2,000/ - and in default thereof to further undergo simple imprisonment for a period of six months, in relation to offence punishable under Section 452 of the Indian Penal Code.

(2.) AS per the case of prosecution, on 15.2.2003, Rohit (PW -3) alongwith his uncle Bhupinder Chauhan (PW -4), were watching television in their house. At about 2.15 p.m., they heard cries of Smt. Kala Devi. They rushed outside their house and from the verandah saw the accused inflicting flow with an axe (Barara) on the head of Kala Devi. When Bhupinder Chauhan (PW -4) intervened, accused left the place, threatening to kill Kala Devi. Injured was taken for treatment to the Community Health Centre, Nankhari, where she was examined by the Medical Officer, who referred her for treatment to the State Hospital (IGMC) at Shimla. Rohit (PW -3) lodged a report at Police Post, Nankhari, on the basis of which FIR No. 43/03, dated 16.2.2003 (Ex. PW -14/D), under the provisions of Sections 452/307/506 of the Indian Penal Code was registered at Police Station, Rampur. Pyare Lal (PW -6), Mohan Lal (PW -5) alongwith Hem Chand (not examined) brought the injured to IGMC, hospital at Shimla where she was examined by Dr. Gian Chand Rajput (DW -4). Injured succumbed to her injures in the hospital and died on the same day, on way to hospital. Her postmortem was conducted by Dr. Piyush Kapila (PW -7), who issued postmortem report (Ex. PW -7/A). SI Sangat Ram Negi (PW -14) conducted the investigation and from the spot recovered axe (Ex. P -1), which the accused had concealed. Recovery was effected in the presence of Dila Ram (PW -1), Roshan Lal (not examined) and Rattan Dass (not examined). Blood stained clothes of the accused, i.e. Pyjama (Ex. P -2), shirt (Ex. P -3), sweater (Ex. P -4), blood stained sample of earth (Ex. P -5) and hair (Ex. P -6) were also collected by the police from the spot. Report of the Chemical Examiner (Ex. PX) was taken on record by the police. Investigation revealed that accused, without any cause, inflicted injury on the body of the accused and as such committed crime. With the completion of investigation, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as fifteen witnesses and statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which the accused took a defence of innocence and false implication. However, in defence, he examined six witnesses to prove his plea of insanity.