RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 17.4.2009 rendered by Additional Sessions Judge, Fast Track Court, Hamipur in Sessions Trial No. 1 of 2008 whereby the appellant -accused (hereinafter referred to as the "accused" for brevity sake), who was charged with and tried for offences punishable under sections 302 and 307 of the Indian Penal Code has been convicted and sentenced to imprisonment for life and to pay a fine of Rs. 5,000/ - and in default of payment of fine simple imprisonment for two months for offence under section 302 of the Indian Penal Code. He was acquitted under section 307 of the Indian Penal Code.

(2.) CASE of the prosecution, in a nutshell, is that on 8.9.2007 at 4.40 A.M., PW -1 Braham Dass, resident of Village Panjali had given telephonic information to Police Station, Sadar Hamirpur to the effect that accused has murdered his wife Parveen Kumari and seriously injured his son Ashu. On the basis of information, F.I.R. was registered and the police rushed to the spot. The spot was visited. Snaps of the dead body were taken. Site plan of the spot was prepared. On the way, one furlong behind the place of occurrence, local people were found carrying injured Ashu. He was sent to R.H. Hamirpur. Postmortem of deceased was got conducted in R.H. Hamirpur. Thereafter, dead body was handed over to the legal heirs of deceased. The viscera was retained for chemical analysis. Final opinion of the doctor was also obtained. He opined that the wounds could have been caused with weapon, i.e. Darat. The cause of death was due to head injury with multiple incised wounds and fracture of parietal and occipital bone with laceration of brain leading to shock and death. The death was instantaneous and the time between the death and post -mortem was 1 to 12 hours. The weapon of offence, i.e. Darat was taken into possession after preparing its sketch and put in a parcel and sealed with seal impression 'H'. Bed -sheet was also taken into possession. The vest and underwear of Ashley, injured were also put in a parcel and sealed with seal impression 'H'. The medical examination of injured Ashu and Ashley was also got conducted. The report from F.S.L. Junga was received. The challan was put up in the court after completing all the codal formalities.

(3.) MR . Abhiraj Guleria, Advocate has vehemently argued that the prosecution has failed to prove its case against the accused.