RAMESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 10.6.2010 and consequent order date 11.6.2010, rendered by the learned Additional Sessions Judge, Fast Track Court, Chamba, in Sessions Trial No. 20 of 2009, whereby the appellant -accused (hereinafter referred to as the accused) who was charged with and tried for offences under Sections 302 and 201 IPC, was convicted and sentenced for the offence punishable under Section 302 IPC to undergo imprisonment for life and to pay fine of Rs. 20,000/ - and in default of payment of fine amount he was ordered to undergo rigorous imprisonment for six months. However, he was acquitted under Section 201 of the Indian Penal Code.

(2.) THE case of the prosecution, in a nut shell, is that Piar Singh was working as beldar. On 11.2.2009, he had gone to his work at Pukhri and his wife had also left to the house to her maternal uncle. On 12.2.2009, at about 9:00 AM, when Veena Devi wife of the deceased came back to her house she came to know that her husband Piar Singh had not come back from his duty on the night of 11.2.2009. Smt. Malti, a local resident, informed her that the dead body of her husband was lying at Khalui morh in the fields. She rushed to Khalui morh alongwith other villagers and found that blood stained jacket, sweater and one shoe of her husband were lying on the road. Blood was also lying on the road. She found the dead body of her husband below the road. There were marks of injury on his head and face. Bruise marks were also present on the body. The police was informed by one Surinder. The police reached the spot. Her statement was recorded under Section 154 Cr.P.C. Ext. PW -4/A. FIR was registered on 12.2.2009. Post mortem on the dead body was conducted by Dr. PW -15 Dr. Vishal Mahajan. He issued post mortem report Ext. PW -15/A. According to him, the deceased died due to head injury leading to Cardiovascular collapse. The matter was investigated by the police and clothes were taken into possession along with the stone. PW -9 Deepak Handa, informed the police that on 12.2.2009 at about 12:00 PM, the accused had come to his shop. His sweater and pant were stained with blood. He asked the accused about the blood stains on his clothes. Firstly, he stated that these were the stains of water but thereafter he stated that he has committed murder of Piar Singh and thrown his dead body below the road. The accused was arrested. His clothes were taken into possession. Viscera was sent to chemical examination. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) MR . Ajay Sharma, Advocate, appearing for the accused has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. M.A. Khan, learned Addl. Advocate General, has supported the judgment of the learned Addl. Sessions Judge, Fast Track Court, Chamba, H.P. dated 10.6.2010 and consequent order dated 11.6.2010.