MEHAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 24.12.2008 rendered by learned Additional Sessions Judge, Sirmaur District at Nahan in Sessions Trial No. 25 -N/7 of 2007, whereby the accused/appellant (hereinafter referred to as the "accused" for the sake of convenience) was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/ - and in default of payment of fine to further undergo imprisonment for a period of one year under Section 302 of the Indian Penal Code and was acquitted under Section 454 of the Indian Penal Code. The co -accused were acquitted of the charges framed against them.

(2.) THE case of the prosecution, in a nut -shell, is that PW4 Reena Devi is wife of the accused Vijay Singh, who was brother of the accused Mehar Singh. According to PW4 Reena Devi, on 10.5.2007 at about 4.30 P.M., when she was present in her house along with her child, the accused Mehar Singh entered her room by breaking the bolt of the door. She, apprehending that she might be molested by the accused, ran out of the room in order to save herself, leaving behind her baby as no other family member was present in the house. She went to the house of Jeet Singh, but no one was found there. Thereafter, she returned back to her house and found that her baby was missing from the house and the accused Mehar Singh was also not there. The husband of PW4 Reena Devi came back to house from the field. She narrated the incident to him. Thereafter, search was conducted for the baby and at some distance from the house, smoke was noticed. PW4 Reena Devi along with her husband and some other villagers went there and saw that her baby was lying there in burnt condition. The baby was found dead. The baby was buried by other co -accused in order to cause disappearance of the evidence of the murder. On the basis of statement of PW4 Reena Devi, Ext. PW4/A, an FIR, Ext. PW10/A was registered at Police Station Pachhad on 11.5.2007. The police visited the spot and prepared the spot map, Ext. PW14/B. The burnt leaves and ash were collected and sealed in a parcel with seal impression 'S' vide memo, Ext. PW3/A. The dead body was exhumed. The photographs of the dead body were taken. Inquest report was prepared. Sample of soil from the spot was also collected. The post -mortem was conducted by PW6 Dr. Piyush Kapila on 13.5.2007 vide post -mortem report, Ext. PW6/B. According to his opinion, the deceased died as a result of asphyxia secondary to manual strangulation and 100% burns on the body were postmortem in nature. The accused was arrested. On 15.5.2007, on personal search of the accused, two gas lighters, Ext. P3 and Ext. P4 were recovered. The case property was sent to FSL Junga on 29.5.2007. The investigation was completed and after completing all the codal formalities, the police filed the challan in the Court.

(3.) LEARNED Additional Sessions Judge sentenced and convicted the accused under Section 302 of the Indian Penal Code and acquitted him under Section 454 of the Indian Penal Code, whereas other co -accused were acquitted of the charges framed against them vide judgment dated 24.12.2008, as stated hereinabove. Hence, the appeal.