BALDEV RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 7.1.2013 passed by the leaned Additional Sessions Judge, Fast Track Court, Solan in Sessions Trial No. 15 FTC/7 of 2011 whereby the appellant -accused, who was charged with and tried for offences punishable under section 302 of the Indian Penal Code has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/ - and in default of payment of fine, he was ordered to undergo imprisonment for one year under section 302 of the Indian Penal Code.

(2.) CASE of the prosecution, in a nutshell, is that on the intervening night of 16/17.6.2011 at village Rohat (Chanaradi) Bhararighat, accused was sleeping in the verandah of his house, whereas his wife Smt. Sukh Dei (since deceased) was sleeping with her daughter Roshani on the first floor in a room. Daughter -in -law of accused Smt. Lata was sleeping with her son on the ground floor in the adjoining room. In the early hours on 17.6.2011 at about 6.30 A.M., Sukh Dei got up for milking the cow when her daughter -in -law heard noise of utensils coming from kitchen. Roshani, who was sister in law of Smt. Lata and daughter -in -law of accused, also came out and noticed that Sukh Dei was profusely bleeding from her neck and head. She said that she would die and also told that accused has inflicted injuries on her person. The clothes of deceased were soaked with blood. Smt. Lata and Roshani on noticing injuries, cried for help followed by arrival of neighbourers. Accused did not move out from the room. He bolted the room for about one hour and then he ran towards fields. Telephonic information was received at Police Station, Darlaghat that accused has given beatings to his wife and she has been taken to Bilaspur for treatment. The information was entered in daily station diary at 9.15 A.M. The police reached the spot. Accused was found sitting in rain shelter, Shalaghat at about 4.45 P.M. on 17.6.2011. Accused was arrested. The matter was also reported to the police by Shankar Lal, brother of deceased Sukh Dei. His statement was recorded under section 154 of the Code of Criminal Procedure. FIR No. 56/2011 was registered at Police Station, Darlaghat. The investigation was completed and the challan was put up in the court after completing all the codal formalities.

(3.) MR . Malay Kaushal has vehemently argued that the prosecution has failed to prove its case against accused.