DHAJU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PRESENT appeal filed against the judgment and sentence passed by learned Additional Sessions Judge Shimla in Sessions trial No. 1 -S/7 of 2008 titled State vs. Dhajju Ram decided on dated 1st September 2008.

(2.) IT is alleged by prosecution that during the intervening night of 31st day of August and 1st day of September 2007 at village Khuhan (Bagaahar) accused intentionally killed his wife Khyalo Devi. It is alleged by the prosecution that previous wife of accused died and three children born from the previous marriage of accused. It is further alleged by prosecution that no issue born from liaison of accused and Khyalo. It is further alleged by prosecution that accused used to beat his deceased wife after consuming liquor and deceased used to make complaints to her parents and also used to make complaints to Pardhan. It is further alleged by prosecution that 3 -4 days prior to Rakshabandhan Meghu Devi mother of deceased Khyalo visited her matrimonial house and insisted Khyalo to visit her parental house on Rakshabandhan day but accused did not allow. It is further alleged that PW Suresh Kumar arrived in the house of accused on dated 31.8.2007 at about 6 to 7 AM and inquired about deceased but accused stated that deceased was sleeping in the adjoining room. It is further alleged by prosecution that when door was opened the dead body of deceased Khyalo was found tied with a rope with Kadi (wooden plank). It is also alleged by prosecution that accused and Suresh removed the rope and laid the dead body of deceased on the floor. It is alleged by prosecution that at about 11 -30 AM on dated 1.9.2007 accused telephonically informed the brother of deceased that deceased had hanged herself. It is also alleged by prosecution that photographs of dead body Ext. PW15/A -1 to Ext. PW15/A -4 were also obtained and negatives are Ext. PW15/A -5 to Ext. PW15/A -8. It is alleged that Investigating Agency measured the height of room and height of room was found to be 5' 10" from the floor up to the ceiling. It is alleged that height of deceased was measured 5' -4" and self hanging appeared impossible. It is further alleged by prosecution that thereafter post mortem of deceased was got conducted. It is also alleged by prosecution that thereafter accused made extra judicial confession to Roshani Devi that accused killed the deceased and thereafter enacted a drama of suicide. It is further alleged that rope and nail were took into possession vide seizure memo and ligature marks were found on neck of deceased and as per opinion of Medical Officer death took place due to asphyxia as a result of ligature strangulation. It is further alleged by prosecution that as per opinion of Medical Officer the strangulation was possible with rope.

(3.) PROSECUTION examined as many as fifteen witnesses in support of its case: -