MUNEEM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant-convict Muneem, hereinafter referred to as the accused, has assailed the judgment dated 7.4.2011, passed by Sessions Judge, Chamba Division, Chamba, Himachal Pradesh, in Sessions Trial No.38 of 2010, titled as State of Himachal Pradesh v. Muneem, 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 fine of Rs. 10,000/- and in default thereof, to further undergo simple imprisonment for a period of three months.

(2.) It is the case of prosecution that accused was married to Champa Devi (deceased) and through the wedlock had four children (two sons and two daughters). He was a habitual drunkard and quite often would beat his wife. In the year 2008, such like matter was also reported to the police. On 11.4.2010, under the influence of liquor, after severely beating his wife (deceased) with a Danda, he threw her body on the path. Thereafter, he ran away from the spot towards the jungle. Saina Ram (PW-1), brother of the deceased, learnt about the incident and informed Pradhan Tek Chand (PW-3), who alongwith other villagers searched the spot. Police was informed and ASI Santosh Kumar (PW-19) reached the spot, who recorded statement (Ex. PW-1/A) of Saina Ram (PW-1), under the provisions of Section 154 of the Code of Criminal Procedure, on the basis of which FIR No.93, dated 11.4.2010 (Ex. PW-14/A), under the provisions of Section 302 of the Indian Penal Code, was registered at Police Station Sadar, Chamba. Ruka was sent to the Police Station through Constable Latif Mohammed (PW-8). On the spot, inquest report (Ex. PW-1/B and 1/C) was prepared. Dead body was sent for postmortem, which was conducted by Dr. M.M. Marol (PW-7), who issued postmortem report (Ex. PW-7/D). With the help of Kishori Lal (PW-16), a local resident, police searched and recovered the accused from the jungle. Same day, he was also got medically examined through PW-7, who issued MLC (Ex. PW- 7/B). Accused was found to be in a state of intoxication. He was arrested. On 15.4.2010, accused, in the presence of Uttam Singh (PW-9) and Raj Kumar (not examined), made a disclosure statement (Ex. PW-9/A), pursuant to which he got recovered weapon of offence, i.e. Danda (Ex. P-2). His blood stained clothes were also recovered by the police. Blood and urine samples of the accused and other incriminating articles were sent for chemical analysis to the Forensic Science Laboratory and report (Ex. PW-19/E) obtained by the police. With the completion of investigation, police filed challan in the 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.