NARAIN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant-convict Narain Singh, hereinafter referred to as the accused, has assailed the judgment dated 4.12.2008, passed by Sessions Judge, Chamba Division, Chamba, Himachal Pradesh, in Sessions Trial No.12 of 2008, titled as State of Himachal Pradesh v. Narain Singh, whereby he stands convicted for having committed an offence punishable under the provisions of Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and pay fine of Rs. 20,000/- and in default thereof to further undergo rigorous imprisonment for six months.

(2.) It is the case of prosecution that on 22.6.2007 at about 11 pm, Dhian Singh (deceased) came to the house of accused in a drunken condition. At that time, Sumitra Devi (PW-1), wife of the accused and her mother-in-law were present. Deceased started abusing them. After some time, accused came and started beating the deceased. Thereafter, he tied the deceased with a rope and took him inside the room, where again he gave severe beatings, as a result of which he (deceased) died. Death took place sometime on 23.6.2007. Following day, i.e. 24.6.2007, Sumitra (PW-1) reported the matter to Khem Raj (PW-2), Pradhan of the area, who alongwith one Desh Raj and others arrived at the spot. Accordingly, Pradhan informed the police. Police officials from Police Station Tissa arrived on the spot and recorded statement (Ex. PW-2/A) of the Pradhan, under the provisions of Section 154 of the Code of Criminal Procedure. The same was sent to the Police Station for recording of FIR, through HC Charan Singh (PW- 7), on the basis of which FIR No.63/07, dated 24.6.2007 (Ex. PW-7/A), under the provisions of Sections 302 and 102 of the Indian Penal Code, was registered at Police Station Tissa, against the accused. On the spot, police conducted the investigation. Inquest report was prepared; dead body was sent for postmortem, which was conducted by Dr. Dipesh (PW-4), who issued postmortem report (Ex. PW-4/B), after receiving report from the Forensic Science Laboratory. Police arrested the accused, who in the presence of Netar Singh (PW-3) made a disclosure statement (Ex.PW-2/C), which led to the recovery of rope (Ex. P-3) and sticks (wooden logs) (Ex. PW-1 and P-2), vide Memo (Ex. PW-2/D). Investigation revealed complicity of the accused in the alleged rime. Hence, challan was presented in Court for trial.

(3.) Accused was charged for having committed an offence punishable under the provisions of Section 302 of the Indian Penal Code, to which he did not plead guilty and claimed trial.