MAJOR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 29.11.2012 passed by learned Additional Sessions Judge, Fast Track Court, Una, District Una, H.P. in Sessions Case No. 5 -VII -2011 and Session Trial No. 5/2011 whereby the appellant -accused was charged with and tried for the offences under Section 302 and 201 of the Indian Penal Code has been convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 25,000/ - under Section 302 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year.

(2.) THE prosecution case in nutshell is that on 16.10.2010 Mohinder Kumar, owner of 'Vishram Guest House', Amb submitted an application Ex. PW -1/A qua missing of entry register of the Guest House which was received in Police Station, Amb. ASI Satpal went to the spot for investigation and after search of register noticed room No. 101 to be locked and the person who had stayed in that room had left without telling any person. The lock of the room was broken in the presence of the witnesses and dead body of one lady in the toilet of this room was found. ASI Satpal accordingly informed the SHO, Police Station, Amb and Inspector Gurdeep Singh Dhillon along with police officials visited the spot. The statement of Mohinder Kumar was got recorded under Section 154 Cr.P.C. to the effect that he was running a Guest House at Bus Stand, Amb and had kept a register to enter the name of every visitor in the Guest House. On 16.10.2010, he had gone to Kailashwar temple to pay obeisance when at around 11.30 a.m. while he was coming from this temple he received a telephone call from his servant Ravinder regarding the entry register having gone missing. He accordingly came back in the Guest House at 12.00 noon and informed the police at about 2.30 p.m. The police officials found the register in the back side of the Guest House in the bushes and the persons who had stayed in room No. 101 were not found and the room was locked. The police broke open the lock of room No. 101 and found the dead body of one lady in the toilet. The dupatta had been tied around the neck of the lady. The complainant in his statement had alleged that one Sikh with one lady had stayed in this room on 13.10.2010 and this very person had also stayed on 23.9.2009 in this room with the same lady who had disclosed that lady to be his wife. It was further claimed that this Sikh had disclosed that on 12.10.2010 he had come to stay in the Guest House but due to non -availability of the room, had stayed in Amb Rest House. He further claimed that he could identify the person. As per the entry in the register, this person had disclosed his name as Mohinder Singh son of Gurbachan Singh, Amritsar Meet Singh Wala, Gali No. 5, House No. 755 and had given his telephone number as 9780550123 and 9780850087. On 23.9.2009 he had got written his name as Major Singh son of Bachan Singh, Village Patti, District Amritsar and at that time had given his telephone number to be 09780550123. The complainant had raised suspicion on this person, who had committed murder of the lady by strangulation and thereafter had fled away.

(3.) ON checking of the entries in the register of 'Vishram Guest House', it was revealed that the person who was coming to Amb with Jagir Kaur deceased had stayed three times in 'Vishram Guest House' and had got entered his name as Major Singh son of Bachan Singh, resident of Village Patti and on further inquiry it was revealed that Major Singh was serving in the Army. On 4.11.2010 accused was produced by Army officials in the Court of learned Judicial Magistrate 1st Class, Court No. 1, Amb and was sent on seven days judicial remand. The accused had refused for identification parade and on his further remand, the accused had been identified by all the witnesses. During investigation, it is claimed that the accused disclosed that he was having illicit relations with Jagir Kaur and used to come to Amb with her, but now Jagir Kaur had been demanding Rs. 10 lacs from him. On 12.10.2010 he came to Amritsar from Delhi and on the way called Jagir Kaur through mobile No. 998830214 belonging to his wife Lavpreet Kaur which was with him. They both met at Amritsar and call details of both the mobiles were procured by the police. Jagir Kaur and accused came to Amb by bus and stayed in PWD Rest House, Amb during night and on the next day, i.e. 13.10.2010 they stayed in room No. 101 of 'Vishram Guest House'. The accused had withdrawn money from ATM of State Bank of India, Amb and had also got recharged mobile No. 9780850057 of Jagir Kaur. During night of 15/16.10.2010 the accused committed murder of Jagir Kaur by strangulating her neck with dupatta and put dead body on the seat of toilet. He had locked the room from outside and thrown the entry register of the Guest House in the bushes with a view to conceal his whereabouts. He had thrown the mobile of Jagir Kaur and keys of the room while travelling in the train to Meerut. The specimen signatures of the accused were taken before learned Chief Judicial Magistrate, Una and thereafter sent for comparison to RFSL, Dharamshala. As per the report, it was found that specimen of the signatures appearing in the register were of the person whose specimen signatures had been obtained. The Investigating Officer also collected Video footage of SBI, Amb regarding withdrawal of Rs. 1000/ -. The Investigating Officer during investigation, recorded the statements of the witnesses under Section 161 Cr.P.C. and on completion of the investigation and on receipt of the reports from RFSL, Dharamshala and FSL, Junga, the challan was presented in the trial Court on 29.11.2012 against the accused for offences under Sections 302, 201 IPC.