STATE OF H.P. Vs. VIJAY KUMAR SINGH

JUDGEMENT

(1.) The State has filed the present application seeking leave to appeal against the judgment dtd. 31/8/2021 passed by learned Additional Sessions Judge-II, Solan, District Solan (learned Trial Court) vide which the respondent (accused before learned Trial Court) was acquitted of the commission of offences punishable under Ss. 302 and 201 of Indian Penal Code (in short 'IPC'). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused for the commission of offences punishable under Ss. 302 and 201 of IPC. It was asserted that Ram Rattan (PW9) Pradhan Gram Panchayat Barotiwala informed the police on 3/6/2014 at 4 PM that the naked dead body of Meena, wife of the accused, was found in a water tank. An entry (Ex.PW13/C) was recorded in the Police Station. SI/SHO Kashma Dutt (PW15), SI Anil Thakur, ASI Manmohan Singh, ASI Naseem Khan, LC Rushpal, LC Raj Kumari, and LC Kulwinder Devi went to the spot to verify the correctness of the information. Up Pradhan Gurbaksh Singh (PW2), Harinder Singh, Vijay Singh and other persons had gathered on the spot. The dead body of a lady covered with the branches of a Sheesham tree was found in an empty water tank. The signs of injuries and strangulation marks were present on the body. Accused Vijay Kumar identified the dead body as that of his wife Meena. Gurbaksh Singh (PW2) made a statement (Ex.PW2/A) that he was Up Pradhan of Gram Panchayat Barotiwala. Ram Rattan (PW9), Pradhan told him telephonically on 3/6/2014 at 4 PM that Vijay Singh informed Ram Rattan (PW9) about the discovery of the dead body of his wife who had been missing since 1/6/2014. Ram Rattan also informed Gurbaksh Singh (PW2) that he had told the police about the recovery of the dead body. It appeared that some unknown persons had murdered Meena and put her dead body in the water tank. Kashma Dutt (PW15) sent the statement (Ex.PW2/A) to the Police Station through LC Rushpal. FIR (Ex.PW12/A) was recorded in the Police Station. Inspector Kashma Dutt (PW15) prepared the inquest report (Ex.PW15/A). He moved an application (Ex.PW3/A) to the Medical Officer Civil Hospital Nalagarh for conducting the postmortem examination of the deceased. Dr. Amarjit Singh (PW3) conducted the postmortem examination of the deceased. He found a fracture of thyroid cartilage on the right side. It was not possible for him to opine whether the injuries were antemortem or postmortem in nature because of the highly decomposed state of the body. He preserved the viscera and handed it over to the accompanying police official. He issued the report (Ex.PW3/B). Inspector Kashma Dutt (PW15) conducted the investigation. He took the photographs (Ex.PW15/B-1 to Ex.PW15/B-9) with the help of an official camera. He found a pair of slippers (Ex.P12) at a distance of 20-25 meters from the spot. He put them in a parcel and sealed the parcel with five impressions of seal 'A'. The parcel was seized vide memo (Ex.PW2/B). Sample seal (Ex.PW2/C) was taken in possession. The slippers were identified by the accused as belonging to his wife. Inspector Kashma Dutt (PW15) seized blood-stained mud and dry leaves in two different jars. These were put in a parcel and the parcel was sealed with five impressions of seal 'A'. These were seized vide memo (Ex.PW2/D). He prepared the spot map (Ex.PW15/C) and recorded the statements of witnesses as per their version. The accused had reported to the police that his wife was missing. Copy of missing report (Ex.PW13/A) was taken in possession. Kashma Dutt (PW15) interrogated the accused. He made a disclosure statement (Ex.PW2/E) that he could get the hollow iron pipe recovered that was concealed by him in his jhuggi. The accused led the police and the witnesses to his jhuggi from where a hollow iron pipe (Ex.P10) was recovered concealed in a wooden box. Its sketch (Ex.PW2/H) was prepared and it was seized vide memo (Ex.PW2/G). The parcel was sealed with seal 'E'. Sample seal (Ex.PW2/J) was taken on a separate piece of cloth. The police searched the jhuggi of the accused and recovered two shirts (Ex.P14 and Ext. P17) and two trousers (Ex.P15 and Ex.P18). These were sealed in two different parcels and seized vide memo (Ex.PW2/K). Photographs of the recovery (Ex.PW15/D1 to Ext.PW15/D9) were taken. Spot map of the recoveries (Ex.PW15/E) was prepared. The accused made another disclosure statement (Ex.PW-2/R) that he could show the place where he had killed his wife. He led the police to the place. Memo (Ex.PW2/M) was prepared. Threads (Ex.P5) and a button (Ex.P2) were found on the spot. These were put in a parcel and the parcel was sealed with five seals impression of seal 'E'. These were seized vide memo (Ex.PW2/T). Spot map (Ex.PW15/F) of the place of recovery was prepared. Photographs (Ex.PW15/G1 to Ex.PW15/G3) were taken. The accused also made a disclosure statement (Ex.PW2/M) that he could show the spot where he had burnt the clothes of his wife. The accused led the police to the spot where he had burnt the clothes of his wife. A memo of identification (Ex.PW2/Q) was prepared. Pieces of half-burnt Sari along with the ashes were put in a jar. Controlled samples from a distance were taken in a separate jar. The jars were put in two separate parcels and each parcel was sealed with five impressions of seal I. These were seized vide memo (Ex.PW2/P). Seal impression (Ex.PW2/N) was taken on a separate piece of cloth. The spot map of the recovery (Ex.PW2/H) was prepared. The photographs of the spot (Ex.PW15/J1 to Ex.PW15/J3) were taken. The blood sample of the daughter of the deceased was taken by Dr. Anil Kumar. It was seized vide memo (Ex.PW15/P). An identification certificate (Ex.PW15/M) was prepared. The case property was deposited with HC Randheer Singh (PW12) who deposited it in Malkhana and made an entry (Ex.PW12/C) in the register of Malkhana. He sent the case property to the SFSL Junga, vide R.Cs. (Ex.PW12/D and Ex.PW12/E). The results of analysis (Ex.PW17/A, Ex.PW18/A, Ex.PW18/B and Ex. PX) were issued stating that no poison was detected in the viscera; human blood was detected on the vaginal swab of the deceased, blood-stained swab lifted from the spot and shirt of the accused; the controlled sample of soil was similar to the sample lifted from the spot; the threads recovered from the spot were similar to the threads found in the shirt; the button recovered from the spot was similar to the button of the shirt; the DNA profile obtained from the vaginal swab of the deceased, and the blood sample on the FTA card were consistent with the biological mother and the daughter; the DNA profile obtained from the shirt of the accused pertained to a male which did not match the DNA profile obtained from the vaginal swab of the deceased; and the blood-stained soil lifted from the spot yielded highly degraded, DNA, which did not show amplification. Dr. Amarjit Singh (PW3) issued a final report after the receipt of the report of analysis stating that the head injury was sufficient in the ordinary course to cause death and that strangulation was possible in case a person is strangulated with a cloth by Saree. The statements of the remaining witnesses were recorded as per their version and after the completion of the investigation, the challan was prepared and presented before the learned Additional Chief Judicial Magistrate Kasauli who committed it to learned Sessions Judge, Solan for trial. Learned Sessions Judge, Solan assigned the case to learned Additional Sessions Judge-II, Solan (learned Trial Court).

(3.) The learned Trial Court charged the accused with the commission of offences punishable under Ss. 302 and 201 of IPC to which the accused pleaded not guilty and claimed to be tried.