PRAKASH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 31.5.2010 rendered by the Sessions Judge, Shimla in Sessions Trial No. 19 -S/7 of 2009 whereby the appellant -accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under section 302 and 376 of the Indian Penal Code, has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 50, 000/ - and in default of payment of fine he was further directed to undergo simple imprisonment for a period of four years for offence under section 302 of the Indian Penal Code. However, he was acquitted of the charge for commission of alleged offence under section 376 of the Indian Penal Code.

(2.) CASE of the prosecution, in a nutshell, is that Smt. Janki Devi wife of Sahi Ram, resident of village Bhot Gadog, Post Office Chambi, Tehsil Chopal, District Shimla on 11.9.2008 went to the house of her daughter Asha, resident of village Saran, but did not come back till 17.9.2008. When on 17.9.2008, PW -1 Prem Singh, her son telephonically inquired from his sister PW -2 Asha Devi why they have not sent his mother, PW -2 Asha Devi disclosed that their mother has already returned home on 13.9.2008. He told his sister that his mother has not come back. He asked his brother -in -law Suresh to search for his mother towards Thundal side. He alongwith Vikram alias Vicku, Surat Singh and Raju proceeded to village Bhuni in search of Janki Devi. At about 11 -11.30 P.M., they reached near the house of one Mohan Singh of village Bhuni. They called him. Mohan Singh and his wife Vidya Devi came out. He asked Mohan Singh whether he has seen his mother passing from there. Vidya Devi wife of Mohan Singh told that on 13.9.2008, i.e. on Saturday at about 4 -4.30 P.M., she had seen his mother proceedings towards his house. Accused followed and accompanied her and was talking with her. PW -1 Prem Singh alongwith others came back. On the following morning, i.e. 18.9.2008, several persons, including Suresh, Raju, Surinder and Vikram alias Vicku proceeded towards Bhuni Forest in search of Janki Devi. At about 9 -9.30 A.M., dead body of his mother was found lying over a big stone at a distance of 60 meters down from the path in Bhuni Forest. They disclosed Dhani Ram about the same. Dhani Ram informed the police. Police reached the spot. It was raining heavily. Police visited the spot in the morning. Police took photographs of the dead body and spot Ex. PW -1/A -1 to Ex. PW -1/A -11. No injury was visible on her dead body. However, string of the salwar was loose. Police prepared inquest papers. Statement of PW -1 Prem Singh under section 154 of the Code of Criminal Procedure was recorded vide Ex. PW -1/E. FIR was registered on the basis of Ex. PW -1/E. Dead body was removed from the spot. Dead body was kept in the mortuary on 20.8.2008. Post -mortem examination upon the dead body was conducted in Indira Gandhi Medical College, Shimla by PW -22 Dr. Peeyush Kapila and other doctors. Since PW -1 Prem Singh has suspected the accused, police was searching for him. PW -20 Sapinder Singh received a telephonic message from Basti Ram resident of Jhalu Moad that the accused has been apprehended by him and Geeta Ram etc. and has been detained there. He alongwith PW -17 Ratti Ram proceeded to Jhalu Moad and reached in the house of Geeta Ram at 7.30 A.M. Accused was found detained there by Basti Ram, Geeta Ram, Prem Singh and Laiq Ram. PW -20 Sapinder Singh arrested the accused. Spot map was prepared. Report of DNA was also received vide Ex. PW -21/E. Investigation was completed and the challan was put up in the Court after completing all the codal formalities.

(3.) MS . Archana Dutt has vehemently argued that the prosecution has failed to prove its case against the accused.