VIKRAMJEET Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeal, is, directed by the appellant/accused, against the impugned judgment, rendered, on, 14.6.2010, by the learned Additional Sessions Judge, Fast Track Court, Chamba, District Chamba, H.P. in Sessions trial No. 46 of 2008, whereby, the learned trial Court convicted and sentenced the accused/appellant, to, undergo imprisonment for life, and, to pay a fine in a sum of Rupees 20,000/ - and, in default of payment of fine, to, undergo rigorous imprisonment for a period of six months, for, the commission of offence punishable under Section 302 of the Indian Penal Code.

(2.) FIR Ex. PW20/A, lodged qua the occurrence with police station Bharmour, District Chamba, H.P. records in brief the facts relating to the alleged incident. The facts apposite to decide the appeal are of the accused being married to one Rekha Devi. Out of the said wedlock two children, one son and one daughter were born to them. Initially relations between the deceased and the accused remained cordial for about 2 -3 years but thereafter the accused under the influence of the liquor belaboured Rekha Devi. In the year 2007, the accused administered merciless beatings to the deceased Rekha Devi and turned her out from the matrimonial house compelling her to take shelter in her parental house. No complaint of said beatings was made to any authority and she was sent back by her father to her matrimonial house along with Darshna. On 9.6.2008, Dharmo, the father of the deceased was informed by his son Santosh that a telephonic message has been received from Chhatradi that the deceased is lying in an unconscious condition. On receiving such information he rushed to village Chhatradi along with his daughter Darshna, son Santosh and cousin Ambiya to the matrimonial house of the deceased where the deceased was found lying on the bed on the first floor of the house. The father of the deceased noticed injuries on the head, face, lip and other parts of the body of the deceased and blood was oozing from the back side of her head. On being questioned by Dharmo, the accused threatened him to remain silent otherwise he would also meet the same fate. Rakshit Kumar alias Thapi son of the deceased disclosed to Dharmo, the father of the deceased that the accused administered beatings to the deceased Rekha by means of a stick, therefore, she has slept. On this, police was telephonically informed qua the incident and on receiving the said information, the police came to the spot and recorded the statement of complainant Dharmo, the father of the deceased under Section 154 of the Cr.P.C., on the basis of which FIR was registered in the Police Station Bharmour. The police started the investigation into the case and during the course of the investigation, the police recorded the statements of the witnesses, took into possession bed sheet, quilt cover, blood stained clothes of the accused under recovery memos in presence of the witnesses. The police got conducted the post mortem of the body of the deceased and obtained post mortem report to this effect.

(3.) THE accused was charged, for, his having committed an offence punishable under Section 302 IPC, by the learned trial Court, to, which he pleaded not guilty and claimed trial.