BHIM SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 7.10.2010, rendered by the learned Addl. Sessions Judge, Mandi, Camp at Karsog, in Sessions Trial No. 4 of 2009, whereby the appellant -accused (hereinafter referred to as the accused) who was charged with and tried for offences under Sections 302 & 309 IPC. He was sentenced to undergo imprisonment for life (rigorous) and to pay a fine in the sum of Rs. 5,000/ - for the commission of offence under Section 302 IPC and in default of payment of fine, he was ordered to suffer simple imprisonment for six months. He was also sentenced to undergo simple imprisonment for one year for the commission of offence under Section 309 IPC.

(2.) THE case of the prosecution, in a nut shell, is that the complainant Banti Devi is resident of village Khumaro. Accused is her son. About 9 years back, accused married Kaushalya Devi without the consent of his parents. Accused has two daughters and one son. Elder daughter Neha (deceased) was seven or eight years old. She was studying in the second class. About three months prior to the incident accused had beaten his wife and children. His wife Kaushalya Devi went to her parental house alongwith the younger daughter. Accused used to administer beatings to his wife and children.

(3.) ON 21.6.2009, a telephonic message was received from Civil Hospital, Karsog at PS Karsog that one girl admitted in the hospital has died having sustained injuries. This information was recorded in the rojnamcha. SI Vijay Sen directed HC Tek Chand to go to hospital. At about 8:00 AM, HC Tek Chand informed SI Vijay Sen on telephone that the girl had died. S.I. Vijay Sen went to hospital and statement of complainant Banti Devi was recorded under Section 154 Cr.P.C. by SI Vijay Sen. FIR was registered at PS Karsog. MLC certificate of Neha was obtained. Her post mortem report was also received. The inquest report was prepared. Viscera of the deceased was handed over to the police by the MO Civil Hospital, Karsog for the purpose of examination. The accused was also medically examined. The blood stained Kurta and Paijama were also taken into possession. The blood stained pieces of plastic mattress, burnt inner and shirt of the accused were also taken into possession by SI Vijay Sen. The pieces of Phati and one stick were also taken into possession. The table was also taken into possession by the police. Reports were received from FSL, Junga. The investigation was completed and thereafter challan was put up after completing all the codal formalities.