SURINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE present appeal is instituted against the judgment dated 6.5.2009 rendered by learned Sessions Judge, Chamba in Sessions Trial No.32 of 2008, 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 Section 302, 201 read with Section 34 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 one year under Section 302 of the Indian Penal Code. The co -accused, Mohinder Singh, was acquitted of the charges framed against him.

(2.) THE case of the prosecution, in a nutshell, is that the deceased Lal Chand, husband of PW1 Indru, resident of Village Bairagarh was working as SPO in Police Department. Lal Chand left his house on 16.4.2008 at 2.00 P.M. He did not come back to home in the evening. PW1 Indru searched for Lal Chand in the village, but she could not locate him. On 17.4.2008, at about 8.00 A.M., Indru went to the house of the accused Surinder Kumar and asked him about her husband. He told her that he did not see Lal Chand. However, Indru noticed wrist watch of her husband on his hand. She again asked the accused how come he was wearing watch of her husband. The accused asked Indru whether Lal Chand had not returned home? He also told her that he had poured two buckets of water on Lal Chand. Thereafter, Indru went to the house of co -accused Mohinder Singh and asked him about her husband. Mohinder Singh told that Lal Chand did not come to his house. Thereafter, Mohinder Singh went towards Nalash jungle. Indru followed him secretly. When Mohinder Singh reached Nalash jungle, on seeing Indru he tried to hide himself. Indru asked Mohinder Singh not to hide and she again asked him about her husband. The accused Surinder Kumar was also with Mohinder Singh. They came downwards and told Indru that she should not come to them as there was none. Indru suspected them and went up to the place. She saw dead body of her husband Lal Chand. Indru suspected that the accused had murdered her husband Lal Chand. PW2, Khem Singh informed the Police Station, Tissa that the dead body of Lal Chand was lying in Nalash jungle. On receipt of information, SHO R.P. Jaswal visited the spot and recorded statement of Indru under Section 154 Cr.P.C, Ext.PW1/A on the basis of which an FIR under Sections 302 read with Section 34 of the Indian Penal Code was registered. The dead body was sent for post mortem examination to CHC Tissa. The investigation was completed and the challan was put up in the trial court after completing all the codal formalities.

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