MANSA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) CONVICT /accused has assailed the judgment dated 21/22.7.2008, passed by Addl. Sessions Judge, Fast Track Court, Chamba, Distt. Chamba, H.P., in Sessions Trial No. 20/2008/07, titled as State of Himachal Pradesh vs. Mansa Ram, whereby he stands convicted and sentenced to undergo rigorous imprisonment for life and pay fine of Rs. 20,000/ - in relation to offence punishable under the provisions of Section 302 of the Indian Penal Code and in default thereof further undergo rigorous imprisonment for a period of six months.

(2.) BRIEFLY stated, it is the case of prosecution that on 14.6.2007, Sh. Gorakh Ram (PW -1) and his wife Smt. Dayokhadi Devi (PW -2) were working in their fields. In the nearby fields they saw their son Mansa Ram (accused) give beatings to his wife Smt. Hito Devi. When they tried to intervene and rescue her, accused threatened them of dire consequences. As such they left the spot. Later in the evening, accused wrapped Hito Devi in a blanket and carried her to his house, which is adjoining to the house of his parents. Next morning i.e. 15.6.2007, PW -1 heard cries of son of the accused. Hearing the same, he went to the house of the accused where he noticed Smt. Hito Devi lying dead. On his asking, his son Sh. Nidhia Ram (PW -3) informed the local Pradhan Sh. Dev Raj (PW -4), who in turn sent one Sh. Mahajan, member of the samiti to their house. PW -4 informed the police and police party headed by ASI -Anup Katoch (PW -13) reached the spot. Inquest report (Ext. PW -13/B) was prepared. PW -13 also recorded statement (Ext. PW -1/A) of Sh. Gorakh Ram (PW -1) and sent it through Constable Bhagat Ram (PW -9) to Police Station Bharmour, Distt. Chamba, H.P. where HC -Rajinder Kumar (PW -11) registered F.I.R. No. 28/2007, dated 15.6.2007 (Ext. PW -11/A) against the accused, under the provisions of Section 302 of the Indian Penal Code. In the meanwhile PW -13 completed necessary investigation on the spot. Dead body was sent for post mortem which was conducted by Dr. A.K. Kaundal (PW -12) and as per opinion (Ext. PW -12/B), deceased died on account of head injury.

(3.) ACCUSED was charged for having committed an offence punishable under the provisions of Sections 302 of the Indian Penal Code, to which he did not plead guilty and claimed trial.