GURPREET SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE present appeal is instituted against the judgment dated 30.9.2010 rendered by learned Sessions Judge, Fast Track Court, Chamba, District Chamba, H.P. in Sessions Trial No. 3/08/07, whereby the appellant/accused (hereafter referred to as the "accused for the sake of convenience), who was charged with and tried for offences punishable under Sections 302 and 201 of the Indian Penal Code, was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/ - and in default of payment of fine to further undergo rigorous imprisonment for six months under Section 302 of the Indian Penal Code and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5000/ - and in default of payment of fine to further undergo simple imprisonment for one month under Section 201 of the Indian Penal Code.

(2.) THE case of the prosecution, in a nutshell, is that the deceased Rimpal Kaur was legally wedded wife of the accused. Her marriage was solemnized about 7 -8 months prior to recovery of her dead body on 27.5.2006. After marriage, the accused started maltreating her in order to coerce her to meet his unlawful demand of dowry. The accused demanded a sum of Rs. 5,00,000/ - from the deceased. She brought this fact to the notice of her parents. Her father, PW1 Harbans Singh, could not meet the demand of Rs. 5,00,000/ -. He could arrange for a sum of Rs. 1, 00,000/ - from his relative, husband of his sister -in -law. On 14.5.2006, the accused along with deceased came to the house of Harbans Singh to visit Dalhousie. The accused asked Harbans Singh to send with him his son PW2 Samraj Singh. Accordingly, PW1 Harbans Singh sent his son PW2 Samraj Singh along with accused and deceased, who came in Alto Car No. PB -02(Temp) 2006 AH -1467. The accused, deceased and Samraj Singh stayed at Khajjiar on 14.5.2006. On 15.5.2006, they came to Dalhousie and stayed in a single room at Hotel Chaman Palace. On 17.5.2006, a telephonic message was received by Harbans Singh, father of the deceased from the accused that the deceased had gone missing and could not be located. Thereafter, the accused along with Samraj came to Jalandhar from where Samraj Singh was brought back. Samraj Singh apprised his father that on 16.5.2006, accused offered a bottle of beer to him. It was mixed with some sedative and as such, he became little drowsy. The accused told him that he along with deceased had to go out where his presence was not required and left the hotel along with the deceased. After about two hours, the accused came back all alone to the hotel and told Samraj Singh that the deceased had gone missing. They went in search of the deceased, but they could not locate her. On 17.5.2006, a missing report was lodged at Police Post, Dalhousie by the accused. On 27.5.2006, PW15 Noor Bibi, at about 6.00/6.30 P.M., noticed a dead body lying in the Nallah at Jhardu jungle near mother tree having maggots while she was taking back her buffalo to the house. She disclosed this fact to her son, Yusaf. Next morning, she informed Pradhan Mohinder Singh, who further informed the police. The police gave information to the relatives of the deceased and proceeded to the spot. Father and brother of the deceased reached Khajjiar on 28.5.2006. They identified the dead body to be of deceased Rimpal Kaur from her shoes and pants recovered from the spot. Inquest reports, Ext. PW4/A and Ext. PW4/B were prepared. Statement of the father of the deceased under Section 154 Cr.P.C. was recorded, on the basis of which FIR, Ext. PW6/B was registered. Site plan, Ext. PW14/C was prepared. The dead body with maggots was taken into possession vide memo, Ext. PW4/D. Pants and shoes were taken into possession vide memo, Ext. PW2/A. The photographs of the spot, Ext. PW14/A -1 to Ext. PW14/A -4 were taken. Post mortem was conducted by PW5 Dr. Umesh Dhiman on application moved by the Police vide Ext. PW5/A. As per the post mortem report, the body was highly decomposed and, therefore, it was not possible to give opinion about the cause of death and the Medical Officer referred the dead body to Forensic Expert to Dr. R.P.M.C., Tanda. The application, Ext. PW4/A was moved to the Forensic Expert for post mortem. According to post mortem report, Ext. PW4/B, cause of death could not be ascertained due to missing of almost half of the body and due to decomposition. During investigation, Alto Car No. PB -02(Temp)2006 AH -1467 was taken into possession vide memo, Ext. PW8/A from DW3 Raman Kumar along with its documents. The investigation was completed and the challan was put up in the trial court after completing all the codal formalities.

(3.) MR . Satyen Vaidya, learned Advocate, has vehemently argued that the prosecution has failed to prove its case against the accused.