DIPAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this appeal filed under Section 374 Cr.P.C., convict Dipan Lal has assailed judgment dated 02.06.2008, passed by Additional Sessions Judge, Shimla, H.P., in Sessions Trial No.3-S/7 of 2007 titled as State of Himachal Pradesh Versus Dipan Lal, whereby he stands convicted for having committed an offence punishable under the provisions of Section 302 of the Indian Penal Code and sentenced to serve imprisonment for life and pay fine in the sum of Rs. 1000/- and in default thereof, further undergo imprisonment for a period of one month.

(2.) It is the case of prosecution that accused Dipan Lal, the only son, was residing with his parents Sant Lal (PW.1) and Smt. Harkali (deceased) in village Jakhi, P.O, Kheshdhar, Tehsil Chirgaon, District Shimla, H.P. In the night intervening 31.01.2007-01.02.2007, at about 12.30 AM-1.00 AM, Tara Singh (PW.2) heard noise coming from the house of his neighbour Sant Lal (PW.1), who from the verandah of his house, could see the accused quarrelling with his mother. He also heard Sant Lal (PW.1) say "Bete isko Chhor de". At that time Harkali was crying. Tara Singh went to the house of Sher Singh (PW.3), real brother of the deceased, who was also residing closeby, wherefrom he went to the house of Sohan Lal (PW.4). Both Sohan Lal and Suresh Kumar came to the house of Sant Lal, where they were informed that accused had murdered Harkali with a Darat. Police was informed of the incident by Sant Lal, information whereof was recorded in the daily diary Rapat (Ex.PW.8/A). Police party headed by SHO Pritam Singh (PW.13) visited the spot where Sant Lal got his statement (Ex.PW.13/A) recorded under Section 154 Cr.P.C., on the basis of which FIR No. 21/07 dated 01.02.2007 (Ex.PW.10/A) was registered by MHC Tenjen Chhering (PW.10), under the provisions of Section 302 IPC at Police Station, Chirgaon, District Shimla, H.P., against the accused. Pritam Singh conducted the investigation on the spot. Sample of blood stained soil as also weapon of offence (Ex.P-1), left by the accused was taken into possession and sealed. Inquest report (Ex.PW13/H) prepared and dead body sent for postmortem which was conducted by Dr. Ranveer Vardhan (PW.11), who issued postmortem report (Ex.PW.11/B). Seized articles were deposited with MHC Tenjen Chhering (PW.10). The accused was arrested and his blood soiled clothes, so seized by the police sent for chemical analysis. Reports of the Forensic Science Laboratory, Junga (Ex.PW.13/N and Ex.PW.11/G) were taken on record by the police. Accused was also got medically examined from Dr. Ranveer Vardhan. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, Challan was presented in the Court for trial.

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