KAMAL SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 19/3/2022 passed by learned Additional Sessions Judge, (II), Shimla, Camp at Theog (learned Trial Court) vide which the appellant (accused before the learned Trial Court) was convicted of the commission of an offence punishable under Sec. 302 of the Indian Penal Code (IPC) and order dtd. 21/3/2023, vide which he was sentenced to undergo life imprisonment and pay a fine of ?30,000/-. (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 an offence punishable under Sec. 302 of IPC. It was asserted that Rajiv Chauhan (PW1) is a horticulturist. He had gone to his cousin's house on 18/3/2017. He, Rubil Chauhan (PW2) and Promila Devi were at home. Two Nepali males and one Nepali female, aged about 28-30 years, visited Rubil Chauhan's house at about 4.00 PM. They disclosed that they had come from Nepal in search of work. Rubil Chauhan offered them a Dera of his former servant, who had left for Nepal four months before the incident. Rajiv Chauhan (PW1) was going to Kotkhai on 20/3/2017 at about 5.45 PM when Rubil Chauhan (PW2) called and told him that the Nepali people, who had stayed in the Dera, had not come out. He opened the door and found that one male was lying dead and one female was lying injured in a pool of blood. Rajiv Chauhan (PW1) informed the police. Entry No.21 (Ex.PW11/A) was recorded in the police station. Inspector Rajneesh Thakur (PW11) visited the spot to verify the correctness of the information. He recorded the statement of Rajiv Chauhan (Ex.PW1/A) and sent it to the police station for registration of FIR through Constable Subhash. FIR (Ex.PX1) was registered in the police station. Inspector Rajneesh Thakur (PW11) took photographs (Ex.P14 to Ex.P21) of the scene of the crime. He prepared the site plan (Ex.PW11/B) and sent the female to the hospital where she was declared dead. Inspector Rajneesh Thakur (PW11) conducted the inquest on the dead bodies and prepared the reports (Ex.PW11/C and Ex.PW6/A). He preserved the scene of the crime. The postmortem examination of the female was conducted by Dr Suneesh Chauhan (PW6) and Dr. Sumit Chauhan. They found cut mark injuries which led to haemorrhage, hypovolemic shock and death. They preserved the viscera and handed it over to the police official accompanying the dead body. They issued the report (Ex.PW6/B). They also examined the male and found antemortem head injuries leading to depression of the vital centres of the brain, which ultimately led to his death. They preserved the viscera and handed it over to the police official accompanying the dead body. They issued the report (Ex.PW6/C). Inspector Rajneesh Thakur (PW11) seized the tickets (Ex. PX) vide memo (Ex.PW1/B). He sent Constable Subhash and Constable Ajay to ISBT with the description of the male for tracing him. Inspector Rajneesh called the forensic team to the scene of the crime and seized a controlled sample of the soil, a blood-stained mat, a blood-stained piece of cloth and a blood-stained soil vide memo (Ex.PW3/A) as per the direction of the forensic team. These were put in a parcel (Ex.P10). He also found two liquor bottles (Ex.P11 and Ex.P12), which were seized vide memo (Ex.PW9/A). Constable Subash and Constable Ajay brought the accused to the police station where an entry No. 25 (Ex.PW11/E) was recorded. The accused revealed his name as Kamal Biak. The police arrested him. He made a statement that he could locate the place where he had concealed a sledgehammer (Ghan) and a knife. Statement (Ex.PW8/A) was reduced into writing. The accused pointed to the place from where sledge hammer (Ex.P1) was recovered. He got a knife (Ex.P2) recovered, which was kept beneath the pillow of the bed in the dera. Inspector Rajneesh Thakur (PW11) prepared the rough sketches (Ex.PW8/E and Ex.PW8/F) and took photographs (Ex.P22 to Ex.P30) of the place of recovery. He prepared the spot map (Ex.PW11/G). He put the articles in a parcel and sealed the parcel on the spot. Prashant Vashishat (PW5) prepared the spot map (Ex.PW5/B). The articles were sent to FSL, Junga for analysis. The reports (Ex.PA to Ex.PC and Ex.PX) were issued stating that the human blood of Group-A was found on the blood-stained soil. small pieces of cloth, the dagger (chhura), the sledgehammer, the shirt, pants and T-shirt of a male Nepali, the shirt, the sweater and a blood sample of a female Nepali. Human blood was detected on the mat, sweater of a male Nepali and brassiere of a female Nepali but the result was insufficient to determine the blood group. Blood found on the sledgehammer was identified as human blood. The controlled soil and blood-stained soil could have originated from the same place. 123.28 mg % alcohol was detected in the blood sample of male Nepali. DNA profile obtained from blood-stained soil matched with the DNA profile of an unidentified female. The DNA profile from a piece of cloth, a piece of synthetic mat, chhuri and a sledgehammer matched the DNA profile of a male Nepali. Statements of remaining witnesses were recorded as per their version and after completion of the investigation, a challan was prepared and presented in the Court of learned Additional Chief Judicial Magistrate, Theog, who committed it to learned Sessions Judge, Shimla for trial.

(3.) Learned Sessions Judge, Shimla assigned the matter to learned Additional Sessions Judge, Camp at Theog (learned Trial Court).