KARAMJIT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT -convict Karamjit Singh alias Amarjit Singh (hereinafter referred to as accused -convict Amarjit Singh) has assailed judgment dated 29.3.2008/31.3.2008, passed by Additional Sessions Judge, Solan, Himachal Pradesh, in Sessions Trial No. 4 -NL/7 of 2007, titled as State of Himachal Pradesh v. Karamjit Singh and others, whereby he stands convicted of having committed an offence punishable under the provisions of Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and pay fine of Rs.20,000/ - and in default thereof, to further undergo rigorous imprisonment for a period of one year.

(2.) IT is the case of prosecution that in the night intervening 12th -13th August, 2006, convict Amarjit Singh alongwith his two other brothers, namely Paramjit Singh alias Pamma and Guljit Singh, murdered their father Shri Balwant Singh with a Barchha (spear) (Ex.P -2) and danda. Separately, they also strangulated their mother Smt. Ravinder Kaur in the fields. Thereafter, they together burnt their dead bodies by setting their hutment (Chaan/Chhappar) on fire in village Jhida. On 13.8.2006 at about 5.30 a.m., accused Amarjit Singh went to the house of Kamal Kumar (PW -1), resident of another village, i.e. village Manjauli, Tehsil Nalagarh, District Solan, Himachal Pradesh, and confessed that "he" had burnt his parents by setting the hutment on fire, for the reason that they were not giving him his share in the land for construction of a house. Kamal Kumar (PW -1) telephonically informed the police about the incident, when Som Dutt (PW -19), SHO of Police Station, Nalagarh, proceeded to the spot. On the way, he met Kamal Kumar (PW -1) in village Maganpura and recorded his statement (Ex. PA), on the basis of which Ruka (Ex.PW -19/A) was sent to Police Station, Nalagarh, which led to registration of FIR No. 204 dated 13.8.2006 (Ex. PX -VIII), under the provisions of Sections 302 and 201 of the Indian Penal Code. Superior officers of the Police Department were also informed of the incident. On the request of Som Dutt, Officers of the Forensic Department reached the spot and conducted necessary investigation. Inquest reports (Ex. PK, PK -1, Ex. PL and Ex. PL -1) were prepared; spot of crime was got photographed and videographed. Photographs (Ex. PW -16/A to PW -16/O and PW -17/C to PW -17/L), and CD (video) (Ex.PW -16/A -19) of the spot were prepared. Incriminating articles in the shape of knife (Barchha) (Ex. P -2), ashes (Ex. P -4), soil (Ex.P -6), piece of cloth, metal Kara (Ex.P -12), copper ring (Ex. P -13), allegedly worn by the deceased, were recovered. Dr. Sukhwinder Singh (PW -10) also collected samples of tissues and bones. Smt. Narmal Kaur (PW -2), daughter and Shri Yadvinder Singh (PW -6), another son of the deceased were associated during investigation.

(3.) 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.