LABH SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant appeal is directed by the appellant/accused, against the impugned judgment rendered on 12.07.2010, by the learned Additional Sessions Judge, Una, H.P in Sessions trial No. 20 of 2009, whereby, the learned trial Court convicted and sentenced the accused/appellant to undergo imprisonment for life and to pay a fine of Rs.25,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of two years, for the commission of offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as the IPC).

(2.) Brief facts of the case are that on 6th August, 2009, at about 7 a.m. Shri Rajiv Sharma telephonically informed Police Station, Amb that one person is lying dead in the Sarai near the hotel on Nehrian road. On receipt of said information, rapat No.10 was entered in the Police Station and thereafter, ASI Mohinder Singh along with other police officials proceeded to the spot. The villagers told to the police that the dead body is lying in the verandah of the Sarai . Sh. Jagdish Chander, the complainant made a statement under Section 154, Cr.P.C. to the police to the effect that On 6.8.2009, in the morning, he went to answer the call of the nature and filled the water in a bottle from the tank near the Sarai and went to the khad . Around 6.30 a.m., after easing out, he returned to the water tank, kept the bottle there and washed his hands. He noticed that in the left corner of the verandah of the Sarai , a person is lying. He then went towards the verandah and spotted a man lying there with his back towards the floor. Blood was oozing out from his mouth and head of that man which had collected in the verandah. A stone weighing about 18-20 kilograms having the blood stains was also lying nearby. The man was dead and naked below the waist. Another person, who was lying in the other corner of the verandah of the Sarai had covered himself with a chadar (sheet) and was sleeping. He rushed to his house and narrated the incident to his brother Sh. Mulkh Raj. Thereafter, he and Sh. Mulkh Raj went to the spot and saw the dead body. In the meanwhile, the person who was sleeping in the verandah had run away. He and his brother Mulkh Raj then came towards the hotel. One person was standing there to catch the bus. He inquired from that person as to where that man has gone, who was sleeping in the verandah of the Sarai . The person, who was standing to board the bus, divulged that the said man has gone towards Amb road. On this, his brother Mulkh Raj and the owner of the hotel Sh. Surinder Kumar followed the man on a scooter. That person was apprehended by them near Swami Vivekanand School and brought to the hotel. The police was informed. The bag which the accused was carrying was opened and checked. Pant of the deceased was recovered from it. The same was identified by Sh. Surinder Kumar and others as that of the deceased since he was wearing the same on the previous day. Blood stains were also there on the parna of the accused. On inquiry, the accused disclosed his name as Sh. Labh Singh. The complainant suspects that the murder has been committed by the accused owing to some enmity or the fight. Endorsement was made on this statement by ASI Mohinder Singh and the same was sent to Police Station, Amb for registration of the FIR and accordingly, an FIR was registered in Police Station. The police carried out the investigation in the case and during the course of investigation, the accused was arrested by the police for his having committed the murder of the deceased.

(3.) On conclusion of the investigation, into the offence, allegedly committed by the accused, report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.