UTTAM CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT -convict Uttam Chand, hereinafter referred to as the accused, has assailed the judgment dated 17.1.2009, passed by Sessions Judge, Chamba Division, Chamba, Himachal Pradesh, in Sessions Trial No. 23 of 2008, titled as State of H.P. v. Uttam Chand and others, whereby he stands convicted of the offence punishable under the provisions of Section 302 of the Indian Penal Code, and sentenced to undergo 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 on 6.3.2008, in village Kutwad, marriage of Des Raj son of Lokia was being celebrated. As a part of marriage celebrations, band was being played. Accused Uttam Chand and his co -accused Puran Chand, Chandu, Diwan Chand and Jeewan Singh were dancing. Since religious ceremony was to be performed, Lokia Ram asked the band party to stop playing the band, to which Puran Chand objected, saying that they had come to participate in the marriage function and not mourn death. When Surinder Kumar (PW -1) and his brother Rajinder Kumar (deceased) went in a room of the house, accused Uttam Chand (appellant herein) gave a blow with a knife (Ex. P -1) on the left side of chest of Rajinder Kumar, as a result of which he sustained injury and fell down. Co -accused Puran Chand, Chandu, Diwan Chand and Jeewan Singh pelted stones inside the room. While fleeing, accused Uttam Chand also gave a blow with a knife on the head of Vipan Kumar (not examined). The incident was witnessed by Jagdish (PW -2). Bittu (PW -3), Ward Member of the Panchayat, telephonically informed the police. The following morning at about 5, SHO Kanwar Singh Guleria (PW -13) alongwith police party reached the village. On the basis of statement (Ex. PW -1/A) of Surinder Kumar (PW -1), recorded under the provisions of Section 154 of the Code of Criminal Procedure, FIR No. 19 dated 7.3.2008 (Ex. PW -12/A) was registered at Police Station, Kheri, District Chamba, Himachal Pradesh, by ASI Kuldeep Kumar (PW -12). SHO conducted proceedings on the spot. He took into possession, knife (Ex. P -1), vide memo (Ex. PW -4/B), in the presence of independent witnesses Raj Kumar (PW -4) and Bihari Lal (not examined). Other incriminating material was also collected from the spot. As a result of knife blow, Rajinder Kumar died, and as such, his dead body was sent for postmortem, which was conducted by Dr. Vijay Sharma (PW -10), who submitted postmortem report (Ex. PW -10/A). Vipan Kumar was also got medically examined from Dr. Shalinder Minhas (PW -11) at the Primary Health Centre, Brangal, who issued MLC (Ex. PW -11/B). Report (Ex. PW -13/G) of the Forensic Science Laboratory (FSL) was obtained, which revealed that the weapon of offence, clothes and other articles seized by the police contained human blood. Investigation revealed complicity of the accused in the alleged crime. Hence, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as 13 witnesses and statements of the accused persons, under the provisions of Section 313 of the Code of Criminal Procedure, were also recorded, in which they all took plea of innocence and false implication. Accused Uttam Chand (appellant herein) also took up the following defence: