CHAMARU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASSAILING the judgment dated 7.7.2008, passed by learned Addl. Sessions Judge (Fast Track Court), Chamba District Chamba, H.P., in Sessions Trial No. 11/2008/05, titled as State of H.P. vs. Chamaru Ram & others, whereby appellants -accused stand convicted for having committed offences punishable under the provisions of Sections 302 and 201 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and pay fine of Rs.20,000/ - each for an offence punishable under Section 302 read with Section 34 IPC and rigorous imprisonment for a period of one year and fine of Rs.5000/ - each for an offence punishable under Section 201 read with Section 34 IPC, convict namely Chamaru Ram, Prithi alias Prithu and Shiv Ditta have filed the present appeal under the provisions of Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) BRIEFLY stated, it is the case of prosecution that since 7.8.2004, Sh. Pritam Chand (deceased) resident of Village Adhwar was missing. He had left for village Bhasua, where, on 14.8.2004, his dead body was found lying in the fields. Smt. Fatta (PW -16) informed the police and rapt roznamcha (Ext. PW -19/A) was recorded at police station Kihar. Inquest report (Ext. PW -19/B) was prepared; dead body was sent for post mortem which was conducted by Dr. Umesh Dhiman (PW -10) at the Zonal Hospital Chamba and Post Mortem Report (Ext. PW -10/C) prepared after taking into account report of the chemical analyst (Ext. PW -10/B), taken on record. To ascertain the reason of death of Sh. Pritam Chand, meeting of the villagers was convened by Sh. Dharam Singh Pathania (not examined), Chairman of the village. In the said meeting Chamaru Ram (accused No. 1) confessed to have murdered Pritam Singh along with his two companions namely Prithvi Raj (accused No. 2) and Shiv Ditta (accused No. 3). Such confession in writing, was made in the presence of co -villagers including Sh. Doom Ram (PW -1). Sh. Doom Ram (PW -1), father of the deceased reported the matter to the police on 13.9.2004 and his statement (Ext. PA) under Section 154 Cr.P.C. was recorded, on the basis of which F.I.R. No. 59 of 2004 (Ext. PW -19/C), dated 13.9.2004 was registered against the accused persons. Investigation revealed that accused had killed the deceased by using weapons i.e. danda (Ext. P2) and rope (Ext. P1), which accused Chamaru Ram got recovered pursuant to his disclosure statement (Ext. PD) in the presence of Sh. Kanth Ram and Sh. Hans Raj (PW -2).

(3.) SUBSEQUENTLY in the midst of trial, on an application filed by the State under Section 319 Cr. P.C., accused Prithvi Raj and Shiv Ditta were arrayed as parties (co -accused) on 29.9.2006 and charged for having committed offences punishable under the provisions of Sections 302 and 201 both read with Section 34 of the Indian Penal Code to which they did not plead guilty and claimed trial.