SUNIL KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant appeal, the appellant has assailed judgment dtd. 11/1/2018 and sentence order dtd. 16/1/2018 passed by learned Additional Sessions Judge-I, Solan, District Solan, H.P. in Sessions Trial No. 14-NL/7 of 2013, whereby the appellant has been convicted for commission of offence punishable under Sec. 302 of the IPC and has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.25,000.00 . In case of failure to pay fine amount, the appellant has further been ordered to undergo rigorous imprisonment for two years.

(2.) The prosecution case in brief was that on 20/4/2013 at about 1.30 P.M., Madho Ram Mehta (PW-1), President Gram Panchayat Madhala, noticed a human dead body lying in a rivulet at place Sansiwala within the jurisdiction of Police Station Baddi, District Solan, H.P. PW-1 was also accompanied by another person named Ram Niranjan at the relevant time. He telephonically informed Police Station Baddi. Police arrived at the spot and found an unidentified dead body between the stones/boulders in the bed of rivulet. Injuries were found on the back and front side of the head of the body, which appeared to have been caused with stone/boulder. Blood stained boulder and pieces of stones were also found near the spot. On search of the body one handkerchief, an iron nut, a bundle of biddies and black coloured 'chappals' (slippers) were found besides the clothes worn by the deceased.

(3.) Police took into possession handkerchief, iron nut, bundle of biddies and black coloured chappals sealed them in cloth parcel. Seizure Memo Ex.PW1/B was prepared. Blood stained soil, was collected from the spot besides the controlled sample of soil. Both were sealed in a cloth parcel vide seizure memo Ex.PW1/D. Two blood stained boulders were also taken into possession vide seizure memo Ex.PW1/F and sealed in a cloth parcel. Photographs Ex.PW1/G-1 to Ex.PW1/G-5 of the spot were clicked on the spot. Inquest papers Ex.PW25/A were prepared and body was sent for postmortem examination.