VINOD KUMAR KHADIA Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 16.2.2011 and consequent order dated 17.2.2011, rendered by the learned Addl. Sessions Judge, Solan, H.P. in Sessions Trial No. 5-S/7 of 2010, whereby the appellant-accused (hereinafter referred to as the accused) who was charged with and tried for offence under Sec. 302 IPC, was convicted and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 20,000.00 and in default of payment of fine, the accused was ordered to suffer further imprisonment for one year.

(2.) The case of the prosecution, in a nut shell, is that on 23.11.2009, at about 10:30 PM, accused gave beatings with the help of a wooden piece, Ext. P-1 and inflicted injuries with knife Ext. P-2, to Smt. Kiran Bala. The children raised hue and cry. The noises were heard by PW-1, Sushil Kumar. The elder son of the accused called PW-2, Naresh Kumar. PW-2, Naresh Kumar reached the spot and Kiran Bala was given beatings by the accused in their presence with the help of Ext. P-1. Thereafter, PW-13 Prabhu Dayal, Vice President of Panchayat, was called on telephone. The deceased was lying unconscious on the floor. The statement of PW-1 Sushil Kumar was recorded under Sec. 154 Crimial P.C. vide memo Ext. PW-1/A. FIR Ext. PW-10/B was registered on the basis of the statement Ext. PW-1/A. PW-6 ASI Yadav Singh moved an application Ext. PW-6/B to the doctor who opined vide his opinion Ext. PW-6/D that the victim was not fit to make the statement. The deceased died at PGI, Chandigarh on 27.11.2009. The blood stained wooden block, knife, pieces of bangles and blood lying on the floor was taken into possession. The site was photographed. The sketch of wooden block and knife were drawn. These were sealed in a cloth parcel with seal 'T'. Ext. P-1 wooden block and knife Ext. P-2, were sent to FSL, Junga through PW-9 along with pant of the accused and report of FSL is Ext. PW-14/J. The police prepared the spot map. The post mortem of dead body was conducted by PW-15, Dr. S.P. Mandal on 30.11.2009. The police completed the investigation and the challan was put up after completing all the codal formalities.

(3.) The prosecution has examined as many as 15 witnesses to prove its case. The accused was also examined under Sec. 313 Cr.P.C to which he pleaded not guilty. According to him, he was falsely implicated in the case and claimed to be innocent. He also deposed that his wife fell from the lintel and he was not present at his house at the time of the incident. The learned Trial Court convicted and sentenced the accused, as stated herein above. Hence, the present appeal.