KRISHNA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appeal is instituted against the judgment dated 16.10.2004 rendered by learned Sessions Judge, Kinnaur, Sessions Division at Rampur Bushahr, H.P., in Sessions Trial No. 29 of 2002, whereby the appellants/accused, (hereafter referred to as the "accused for the sake of convenience), who were charged with and tried for offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, were convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- each and in default of payment of fine to further undergo simple imprisonment for six months under Section 302 read with Section 34 of the Indian Penal Code and to undergo rigorous imprisonment for one year and to pay a fine of Rs.1000/- each and in default of payment of fine to further undergo simple imprisonment for six months under Section 201 read with Section 34 of the Indian Penal Code. The sentences were ordered to run concurrently. The coaccused Sant Ram and Sudama Ram were acquitted of the charges framed against them.

(2.) The case of the prosecution, in a nutshell, is that the deceased Rikhi Ram was married to accused Krishna Devi. Accused Maina Devi is mother of accused Krishna Devi and accused Kamla Devi. According to PW23 Chaudhary Ram, he was working as servant with the deceased since July 2001. The deceased had constructed three storeyed house adjacent to the house of his in-laws. He was residing with the deceased in the middle floor of the house. Sita Ram, Roop Lal and Lal Chand were residing as tenants in the ground floor. According to him, wife of the deceased was having acquaintance with accused Sant Ram. The deceased used to doubt the character of his wife. He used to say him that the accused Sant Ram had illicit relations with his wife and due to this reason, the deceased had strained relations with his wife. The accused Krishna Devi along with her children was residing in her parental house for the last three months, which was situated near the house of the deceased. The accused Kamla Devi, younger sister of accused Krishna Devi was also residing with her parents. The accused Sudama Ram used to meet accused Kamla Devi. On 11.8.2001, after taking dinner, he and the deceased went to lintel of the house to sleep. Sita Ram, Lal Chand and Roop Lal were already sleeping on the lintel. At about 11.30 P.M., the deceased shouted "CHOR-CHOR" and went towards the house of his in-laws. He also got up. After some time, he heard noise emanating from the house of in-laws of the deceased. He rushed to the house of in-laws of the deceased. When he reached near verandah of the house, he noticed that accused Maina Devi and Kamla Devi were administering beatings to the deceased. The accused Krishna Devi was also present there. The accused Sant Ram and Sudama Ram were also present near the door of the house. When he tried to save the deceased, accused Maina Devi gave him a blow with a wooden plank on his back. The deceased lost his consciousness. The accused Maina Devi, Kamla Devi and Krishan Devi dragged the deceased inside the room and locked the door. The accused Sant Ram and Sudama Ram ran away from the spot. He went back to lintel of the house and informed about the incident to Sita Ram, Roop Lal and Lal Chand. Thereafter, since they did not hear any voice of quarrel, they thought that the accused had slept in his inlaws house. On 12.8.2001, at about 6.00 A.M., when he was standing near window of his room, accused Krishna Devi asked about the deceased. He told her that they themselves dragged the deceased to their room after giving him beatings. After some time, he came down to the courtyard and saw Bimla Devi, Roop Lal, Sita Ram and Lal Chand standing near the dead body of the deceased. He informed the police on telephone. The police visited the spot and recorded his statement vide Ext.PW23/A, on the basis of which FIR was registered against the accused persons. The investigation was completed and the challan was put up in the trial court after completing all the codal formalities.

(3.) The prosecution examined as many as twenty nine witnesses in support of its case. The accused were examined under Section 313 Cr.P.C.. They denied the case of the prosecution and claimed innocence. Learned Sessions Judge convicted and sentenced the accused/appellants under Sections 302 and 201 read with Section 34 of the Indian Penal Code, while acquitted the accused Sant Ram and Sudama Ram vide judgment dated 16.10.2004, as stated hereinabove. Hence, the appeal.