RIKHI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PRESENT appeal filed against the judgment and sentence passed by learned Additional Sessions Judge Sirmaur District at Nahan in Sessions Trial No. 8 -N/7 of 2006 titled State of H.P. vs. Rikhi Ram decided on 16.2.2008.

(2.) BRIEF facts of the case as alleged by the prosecution are that on dated 10.8.2005 at about 10 PM at Dadahu appellant committed murder voluntarily and intentionally by causing death of Kedar Dutt in the sawmill of Vijay Sood by hitting him with shovel sharp edged weapon on his head. It is alleged by prosecution that deceased Kedar Dutt who was father of appellant and father of Ram Kishan was employed as a watchman by PW 2 Vijay Sood in his sawmill at Dadahu where PW 1 Devender Singh also used to work as a carpenter. It is alleged by prosecution that PW 2 Vijay Sood had made an arrangement for food of Kedar Dutt in the restaurant of PW 5 Jang Bahadur Thapa and on dated 10.8.2005 Kedar Dutt after taking his meal left his restaurant at about 9 PM to the sawmill of Vijay Sood. It is further alleged by prosecution that on dated 10.8.2005 at about 8.45 PM appellant went to the restaurant of PW 4 Pardeep Kumar to consume wine and thereafter went away. It is also alleged by prosecution that on dated 10.8.2005 at 10 PM when Kedar Dutt along with PW 1 Devender Singh were present in the sawmill then appellant came there and gave beatings with the shovel sharp edged weapon to Kedar Dutt due to which Kedar Dutt sustained injuries on his head and arms. It is further alleged by prosecution that appellant dragged Kedar Dutt towards his house and PW 1 Devender Singh became frightened due to the incident and he ran away and in the morning he informed Pardhan of Gram Pacnahayt and also informed PW 2 Vijay Sood about the incident. It is also alleged by prosecution that on dated 12.8.2005 when PW 3 Ram Kishan came to house of appellant then he saw the dead body of deceased Kedar Dutt which was kept on the bed in house of appellant. It is further alleged by prosecution that thereafter information was given to the police at which rapat in the daily diary Ext. PW 7/A was recorded in police station and on receipt of information Inspector Madan Kant Sharma PW 14 the then SHO P.S. Nahan went to village Tirmuli where he recorded statement of PW 1 Devender Singh under Section 154 Cr.P.C. Ext. PW 1/A and thereafter sent the same to police station for registration of FIR. It is further alleged by prosecution that on receipt of such statement FIR Ext. PW 12/A was recorded in police station by Inspector Purshottam Dass PW 12 the then SHO P.S. Renukaji who made endorsement Ext. PW 12/B. It is also alleged by prosecution that spot map Ext. PW 14/A was prepared and body of deceased was took into possession and was sent for post mortem examination. It is alleged by prosecution that post mortem of dead body of deceased Kedar Dutt was conducted by PW 13 Dr. Vijay Kishan and as per opinion of medical officer cause of death was due to head injury and shock and post mortem report Ext. PW 13/A was issued. It is alleged by prosecution that clothes, blood, hair of beard of deceased were preserved by PW 13 Dr. Vijay Kishan and were handed over for chemical examination. It is also alleged by prosecution that Inspector Purshottam Dass PW 12 also visited the spot i.e. sawmill of Vijay Sood and prepared spot map Ext. PW 12/C and during spot inspection near the machine there were black and grey hairs of beard which were put in separate match boxes and those match boxes were wrapped in a cloth and sealed with seal impression 'H' and same were took into possession vide memo Ext. PW 6/A in presence of Satya Nand PW 6. It is also alleged by prosecution that near the stairs there were blood stains which were lifted with help of a wet cotton and said cotton was also put in a match box and wrapped in a cloth and same was sealed with seal impression 'H' and took into possession vide memo Ext. PW 6/B. It is also alleged by prosecution that on dated 17.8.2005 medical examination of appellant was conducted by PW 13 Dr. Vijay Kishan and no external injury was found on body of appellant and MLC Ext. PW 13/B was obtained. It is further alleged by prosecution that Dr. Vijay Kishan PW 13 took sample of hair of head of appellant pursuant to application Ext. PW 13/C and on dated 17.8.2005 appellant gave a disclosure statement and as per his disclosure statement shovel sharp edged weapon Ext. P1 was got recovered from the bushes near Jalal river in presence of PW 2 Vijay Sood which was took into possession vide recovery memo Ext. PW 2/B. It is alleged by prosecution that spot map of recovery Ext. PW 12/D was also prepared and appellant had given identification of spot. It is also alleged by prosecution that near the rivulet blood stained stones were found which were took into possession vide memo Ext. PW 2/C and spot map of recovery of stones Ext. PW 12/E was prepared. It is further alleged by prosecution that sample of seal was took separately and spot map Ext. PW 8/A was prepared. It is further alleged by prosecution that photographs of dead body Ext. PW 10/A -1 to Ext. PW 10/A -19 and negatives Ext. PW 10/A -20 were obtained and thereafter on dated 22.8.2005 HC Ashok Kumar sent all parcels except shovel to FSL Junga for chemical examination through HHC Karun Kumar PW 9 who deposited the same in FSL Junga. It is also alleged by prosecution that said parcels were cut opened and examined by PW 15 Dr. Arun Sharma Scientific Officer FSL Junga who has issued his report Ext. PX. It is alleged by prosecution that as per opinion of medical officer Dr. Vijay Kishan PW 13 injuries sustained by deceased were possible with blow of shovel sharp edged weapon Ext. P1.

(3.) THE prosecution examined as many as fifteen witnesses in support of its case and appellant also examined one defence witness: -