ANCHLA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeal is directed against the judgment rendered on 7th November, 2012, by the learned Sessions Judge, Chamba, District Chamba, H.P., in Sessions Trial No. 48 of 2011, whereby, the appellant has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 25,000/ - for the commission of offence punishable under Section 302 of the Indian Penal Code and in default of payment of fine, she has been sentenced to undergo further simple imprisonment for two years.

(2.) THE facts, leading to the case, are that the accused Anchla alias Chanchla's mother, Achhri Devi, was initially married to Amar Singh and after the demise of her mother, her father Amar Singh had married Mithilesh Kumari, the deceased. She had a son from the marriage, namely, Bhupinder Singh. They used to reside in village Sui Pargana Diur, Tehsil Salooni, Distt. Chamba. The accused used to off and on visit the deceased and her son after about 2 -3 months. On 31st August, 2011, the accused had gone to the house of Mithilesh Kumari. PW -1 (Bhagi Ram), the father of deceased Mithilesh Kumari, had seen the accused at her house and the deceased Mithilesh Kumari had also informed him that the accused would be staying with her for the night. On the next day, all the doors of the house of Mithilesh Kumari were found locked from outside. On 7.9.2012 PW -1 (Bhagi Ram) informed the police that his daughter, Mithilesh Kumari, had been missing for the last 6 -7 days and her house is locked. He, also disclosed to the police, that a foul smell was emanating from inside. On the basis of the information, SI Darshan Singh had reached the spot, along with police team. The room was opened after breaking the lock. Both Mithilesh Kumari and Bhupinder Singh were found dead inside. On the basis of the statement of PW -1 (Bhagi Ram), under Section 154 Cr.P.C., F.I.R. Ext. PW -15/D, was recorded at Police Station Kihar. The body of the deceased Mithilesh Kumari was lying on the floor and the body of Bhupinder Singh was lying on the bed. During the course of investigation, it, transpired that on 31.8.2011, one Vijay had taken the accused to village Diur, in, a taxi and he had dropped her back at Chamba, at about 2.30 in the night. He, had noticed injuries on her left hand. Suresh Kumar, who was working in Jimmy Inn hotel, Chamba, had also seen the accused as she had stayed in the hotel for the night. On 11.9.2011, the accused had made a disclosure statement and recovered the bunch of keys, mobile of deceased, in the presence of witnesses Rakesh Kumar (PW -2) and Prakash (PW -6). The prosecution had also lifted the sample of blood from different portions of the room. The FSL team had also taken the blood stains from the floor, walls and from the top of the trunks and the door of the room. The blood stains had also been lifted by the FSL, with the help of thread.

(3.) ON conclusion of the investigation into the offence, allegedly committed by the accused, challan was filed under Section 173 of the Code of Criminal Procedure.