MAM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASSAILING the judgment dated 8.8.2008/12.8.2008, passed by learned Sessions Judge, Sirmaur District at Nahan, H.P., in Sessions Trial No. 02 -ST/7 of 2008, titled as State of H.P. vs. Mam Chand, whereby accused stands convicted and sentenced to undergo rigorous imprisonment for life and pay fine of Rs. 5,000/ - in relation to an offence punishable under the provisions of Section 302 of the Indian Penal Code and in default thereof further undergo rigorous imprisonment for a period of six months, he has filed the present appeal under the provisions of Section 374 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 8.8.2007 complainant Kumari Anita Devi (PW -1) saw accused Mam Chand give beatings with kick and fist blows to deceased Surat Ram. She got frightened, cried for help and called her maternal grand parents Jeet Ram (PW -2) and Soma Devi (not examined in Court). She saw Surat Ram bleeding. Her oral intervention only evoked abuses from the accused. When her grand parents arrived on the spot, accused Mam Chand ran away. On account of beatings given by the accused, Surat Ram died. The matter was immediately reported to Rama Nand (PW -3), Up -pradhan of village Miana. Jeet Ram and Rama Nand went to the house of the deceased and informed the ladies about the incident. Rama Nand telephonically reported the matter to HC -Om Prakash (PW -6) at Police Post Sangrah, who alongwith ASI -Chanan Singh (PW -12) proceeded for the spot. The S.H.O. of Police Station Renukaji arrived on the spot in the morning of 9.8.2007 and recorded statement of Anita Devi (Ext. PW -1/A) on the basis of which F.I.R. No. 63 of 2007 (Ext. PW -4/A), dated 9.8.2007 was registered against the accused at Police Station Renukaji, Distt. Sirmaur, under the provisions of Section 302 of the Indian Penal Code. On the spot, Investigating Officer prepared inquest report (Ext. PW -13/E) and sent the dead body for post mortem through HC -Om Parkash (PW -6) which was got conducted at the Referral Hospital, Dadahu from Dr. Pramesh Dogra (PW -9) and report (Ext. PW9/B) obtained. On the spot, Investigating Officer took into possession playing cards and plastic bottle of liquor alongwith two steel glasses vide recovery memos Ext. PW -2/C and PW -2/G, respectively. Blood stained clothes of the accused, were also recovered vide memo (Ext. PW -2/H). Recovered articles were sealed and deposited with Const. Babla Mohammad (PW -5) and MHC -Surender Singh (PW -8). Report of State Forensic Science Laboratory Junga (Ext. PY) authored by Dr. Gian Thakur (PW -14) was taken on record by the police. Investigation revealed complicity of the accused in the alleged crime. Hence, challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined as many as fifteen witnesses and statement of the accused under Section 313 Cr. P.C. was also recorded, in which he took up the following defence: