SANTOSH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment, rendered on 27.03.2009, by the learned Additional Sessions Judge (2), Kangra at Dharamshala, H.P., in Sessions Trial No. 22 -B/2006/RBT No. 22 -B/VII/2006, whereby the appellant has been convicted and sentenced to suffer rigorous imprisonment for life and to a pay fine of Rs. 10,000/ -and in default of payment of fine, to further undergo imprisonment for a period of one year for the commission of offence under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC').

(2.) THE brief facts of the case are that on 31.12.2004, Shri Bhagat Ram was at his house and he had sent his daughter Jinna Kumari for fetching grocery articles from a shop, at Gunehar. Jinna Kumari on returning home, informed Bhagat Ram that Shri Vija Ram, her uncle, was being beaten up by Santosh Kumar alias Mungi Ram at the back yard of the cow shed of Bishan Dass. On receiving this information, Bhagat Ram, along with his daughter Jinna Kumari, proceeded to the spot. On their arrival near the spot, his daughter Jinna Kumari pointed to him the place where Mungi Ram was beating Vija Ram. Bhagat Ram is stated to have seen along with his daughter Jinna Kumari, Santosh Kumar alias Mungi Ram lifting and pelting stones on the head of Vija Ram and subsequently, Santosh Kumar alias Mungi Ram fled away. Both Jinna Kumari and Bhagat Ram lifted Vija Ram. He was noticed by them to have suffered injuries on his head wherefrom blood was copiously oozing out. Vija Ram, the injured with the help of the villagers of Guneher was taken to hospital and enroute he succumbed to the injuries. Bhagat Ram recorded his statement before the police. An FIR No. 185 of 2004 came to be registered against the accused/appellant for his having committed an offence under Section 302 of the IPC. The dead body of the deceased Vija Ram was taken into possession and inquest papers were prepared. The dead body of deceased Vija Ram was subjected to post mortem examination and post mortem report was obtained. The medical Officer obtained the blood sample of deceased Vija Ram, one packet of clothings, one packet of belongings and handed over the same to the police. During the course of investigation, the police obtained revenue papers and the accused Santosh, made a disclosure statement, that he could show the place of occurrence. Pursuant thereto, he, led the police party and showed the place of occurrence. He also rendered a statement that he had concealed his clothes and that he could get them recovered. His statement was recorded. In pursuance to the recording of his disclosure statement qua the aforesaid fact, he produced clothes i.e. blood stained jacket, one pant and one pair sports shoes, which the police seized through a separate memorandum. Police also seized soil and blood stained gravel and put in a phial and sealed with seal 'X' and took them into possession, through separate memorandum, besides, obtaining control sample of the spot. Two blood stained stones were taken into possession, through, separate memorandum. The various articles and samples were sent to the FSL, Junga, Shimla for rendition of opinion.

(3.) THE accused was charged for his having committed an offence punishable under Section 302 of the IPC by the learned trial Court to which he pleaded not guilty and claimed trial. In order to prove its case, the prosecution examined many witnesses. On closure of the prosecution evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure, was recorded in which he pleaded innocence and claimed false implication. On appraisal of the evidence on record, the learned trial Court returned findings of conviction against the accused.