TARSEM LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT -convict Tarsem Lal, hereinafter referred to as the accused, has assailed the judgment dated 29.6.2010/7.6.2010, passed by Additional Sessions Judge, Fast Track Court, Una, District Una, Himachal Pradesh, in Sessions Trial No. 16/2009, titled as State v. Tarsem Lal, whereby he stands convicted of the offence punishable under the provisions of Sections 302 and 452 of the Indian Penal Code and sentenced to undergo imprisonment for life, in relation to an offence punishable under the provisions of Section 302 of the Indian Penal Code; imprisonment for a period of one year, in relation to offence punishable under the provisions of Section 452 of the Indian Penal Code; and pay fine of Rs.5,000/ - and Rs.1,000/ -, and in default thereof to further undergo simple imprisonment for a period of three months and one month, respectively.

(2.) IT is the case of prosecution that Smt. Jiwana Kumari (PW -1), daughter -in -law of Krishna Devi (deceased), was teaching her son Master Shubham (PW -2) in the verandah of her house. On 7.7.2009 at 7 p.m., accused came with a dagger and after entering the house of the deceased gave a fist blow on the stomach of Shubham. Jiwana Kumari tried to save her son. When Krishan Devi, who was closeby, tried to intervene, accused stabbed her with a dagger on vital part of her body, i.e. stomach. Jiwana Kumari, on telephone, informed her brother -in -law. Close relatives of Krishna Devi immediately rushed to the spot and took her to the Community Health Centre, Amb, where she was referred to the Zonal Hospital, Una, for treatment vide MLC (Ex.PW -12/A). However, she was taken to the hospital at Hoshiarpur (Punjab: A bordering State), where she was declared as having been brought dead. On receipt of information about the incident, ASI Mohinder Singh (PW -16), after making entry in the Daily Diary (Ex.PW -13/A), proceeded to the hospital alongwith Dev Raj. Narinder Kumar (PW -4), son of Krishan Devi, got recorded his statement (Ex. PW -4/A), under the provisions of Section 154 of the Code of Criminal Procedure, on the basis of which FIR No. 89, dated 7.7.2009 (Ex. PW -11/A), under the provisions of Section 307/452 of the Indian Penal Code, was registered at Police Station, Amb, District Una, Himachal Pradesh. Necessary investigation was conducted on the spot. Later on inquest report (Ex. PW -8/B & 8/C) was prepared and postmortem got conducted through Dr. O.P. Ram Dev (PW -8) and report (Ex.PW8/F) taken on record. Police took into possession blood stained bed sheet and clothes of the deceased vide Memo (Ex.PW -4/A). Also, weapon of offence, i.e. dagger (Ex. P -1) was recovered vide Memo (Ex. PW -1/A), on the basis of disclosure statement (Ex. PW -7/A), made by the accused, so recorded in the presence of Kamal Kishore (PW -7) and Dev Raj (not examined). Photographs of the spot were taken. Reports of the Forensic Science Laboratory (Ex.PW -8/D and 8/E), pertaining to the articles so recovered by the police, were taken on record. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as 19 witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he took up the following defence: