PREM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 16/9/2021, passed by learned Additional Sessions Judge-II, Solan (learned Trial Court) vide which the appellant (accused before learned Trial Court) was convicted of the commission of an offence punishable under Sec. 302 of Indian Penal Code (in short 'IPC') and order dtd. 29/9/2021, vide which he was sentenced to undergo imprisonment for life and pay a fine of Rs.20,000.00 and in case of default of payment of fine to further undergo rigorous imprisonment for six months. (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 before the learned Trial Court for the commission of an offence punishable under Sec. 302 of IPC. It was asserted that an intimation was received in the police station on 31/3/2015 from CHC, Kunihar that one woman was brought in an injured condition. An entry (Ext. PW3/A) was recorded in the Police Station. SI-Vijay Kumar (PW18), HC-Girish, Constable-Bal Chand (PW13), and LC Kiran went to CHC Kunihar for verification of the information. They found Sonu Devi (since deceased) admitted to the hospital. SI Vijay Kumar filed an application (Ext. PW18/A) for obtaining the MLC of the victim. Dr. Abhishek Sharma (PW19) conducted her medical examination and found that there was a sharp weapon injury on the skull bone on the right side of the temporal region. The patient was unconscious and unfit to make the statement. He referred the patient to IGMC, Shimla for further management and issued the MLC (Ext. PW19/A). Shakeel Ahmed (PW12) made a statement to Vijay Kumar stating that he and other workers were working with Om Prakash-Contractor (PW15) for peeling the khair wood. Accused Prem Singh and his family members were also employed by Om Prakash. The accused resided at Baniya Devi in Kunihar in a tent with his family members. The informant-Shakeel Ahmed was peeling the khair wood on 31/3/2015 at about 6:00 pm. Victim Sonu Devi, wife of the accused, was also working on the spot. The accused went to Sonu and dragged her towards his tent. He picked up an axe kept near the tent and inflicted an injury on her head. The accused ran away towards Kunihar. The informant ran towards the tent, where Sonu Devi was lying unconscious. The axe was still embedded in her head. Shakeel Ahmed removed the axe. The daughters of the victim were also present. The informant brought the victim Sonu Devi to Kunihar Hospital for treatment. The statement (Ext. PW6/A) was reduced into writing and was sent to the Police Station, where FIR (Ext.PW6/B) was registered. SI-Vijay Kumar conducted the investigation. He went to the spot and prepared the site plan (Ext. PW18/B) as per the spot position. He took the photographs (Ext. PW18/C1 to Ext. PW18/C5). He lifted the blood stains lying on the soil and wood on the spot with the help of cotton. The cotton containing blood stain was sealed in a plastic container with seal 'H'. It was seized vide memo (Ext. PW15/A). Shakeel Ahmed handed over the axe lying on the spot. SI Vijay Kumar prepared the sketch of Axe (Ext. PW12/B) and sealed the axe in a parcel with 9 seals of seal 'H'. The axe was seized vide memo (Ext. PW12/A). The informant handed over a blood-stained Dhattu and Dupatta, which were put in a parcel and the parcel was sealed with 9 seals of seal 'H'. It was seized vide memo (Ext. PW12/C). Sample seals (Ext .PW12/D and Ext. PW12/E) were taken on separate pieces of cloth and the seal was handed over to witness Om Prakash after the use. The accused was arrested on 1/4/2015. Vijay Kumar received information from IGMC, Shimla that the victim Sonu had died. He conducted the inquest on the dead body and prepared the reports (Ext. PW1/A and Ext. PW1/B). He filed an application (Ext. PW14/A) for conducting the post-mortem examination of the dead body. Dr. Dhruv Gupta (PW14) conducted the post-mortem examination of the dead body and found that the cause of the death was septicemia shock leading to multiple organ failure. He preserved the blood and the viscera. He issued the report (Ext. PW14/B). The blood sample and viscera were handed over to the police official accompanying the dead body. SI-Vijay Kumar took the photographs (Ext. PW18/C6 to Ext. PW18/C9) of the dead body. He filed an application (Ext. PW18/D) for recording the statements of Sapna and Bipna, daughters of the victim and accused. Learned Judicial Magistrate, First Class, Arki recorded their statements (Ext. PW1/C and Ext. PW9/A). Vijay Kumar also filed an application (Ext. PW18/E) to record the statement of Shakeel Ahmed. Learned Judicial Magistrate, First Class, Arki recorded his statement (Ext. PW12/F). The statements were also videographed and the video recording was transferred to the CD (Ext. PW18/F). Vijay Kumar filed an application (Ext. PW10/A) before Halka Patwari for issuing the documents relating to the spot. Heera Singh (PW10)-Patwari -issued a copy of Aks Shajra Latha (Ext. PW10/B) and Jamabandi (Ext. PW10/C). These were seized vide memo (Ext. PW10/D).

(3.) Vijay Kumar filed an application (Ext. PW16/B) for obtaining the treatment and death summary of the deceased. A treatment summary (Ext. PW16/A) was issued. The case property was sent to FSL, Junga for analysis. The results of analysis (Ext. PX and Ext. 'PY') were issued, in which it was shown that human blood was detected on the Axe, Dhattu, and Dupatta, blood lifted from the spot and the DNA profile obtained from the axe matched with the DNA profile obtained from the blood sample of the victim. 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 Judicial Magistrate, First Class, who committed it to the learned Sessions Judge for trial.