RAJESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 24.9.2012 rendered by the learned Addl. Sessions Judge, Fast Track Court, Shimla, in Sessions Trial No. 1 -R/7 of 2011, whereby the appellant -accused (hereinafter referred to as the accused) who was charged with and tried for offences under Sections 302, 201 and 392 IPC, was convicted and sentenced for the offence punishable under Section 302 IPC to undergo imprisonment for life and to pay fine of Rs. 5,000/ -. He was also sentenced to undergo rigorous imprisonment for a period of five years for the commission of offence under Section 392 IPC and also sentenced to undergo rigorous imprisonment for a period of one year for commission of offence under Section 201 IPC. All the sentences were ordered to run concurrently.

(2.) THE case of the prosecution, in a nut shell, is that on 18.8.2011 some unidentified person informed the police that the dead body was floating in Pabbar river near Mandli Bridge. The police reached the spot. The photographs of the dead body inside the river were clicked and it was taken out from the river. The dead body was sent to C.H.C. Sandhasu, for post mortem. The viscera and sample of blood were also preserved. The wife of the deceased, Sunita Devi got her statement recorded with the police that on 17.8.2011 her husband went to Chirgaon for gambling. Her husband disclosed to her son Prince that he was taking Rs. 45,000/ - alongwith him. At about 1:00 PM her son received call from her husband whereby the deceased instructed him to look after the orchard properly. At about 4:00 PM, her husband again rang up Prince and told him that he is playing cards in the rented place of Sethi at Sandshu. On 18.8.2011 at about 6:30 AM, her husband again instructed her son to protect the orchard from the menace of monkeys and also gave instructions that he should tie a dog in the orchard. On 19.8.2011, the local residents and her other relatives asked her to accompany to hospital. She saw the dead body of her husband. The dead body was having injury on the back side of the head. In order to destroy the evidence, somebody had thrown the body in the Pabbar river. On the basis of statement of PW -1 Sunita Devi FIR Ext PW -21/A was also registered. The police investigated the matter. Site plan was prepared. The police took into possession the disposable cups, blood stained soil and leaves of the apple plants. The investigation was competed and the challan was put up after completing all the codal formalities.

(3.) MR . N.S. Chandel, Advocate, appearing for the accused has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. M.A. Khan, learned Addl. Advocate General, has supported the judgment of the learned Addl. Sessions Judge, Fast Track Court, Shimla, H.P. dated 24.9.2012.