ANIL KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 1/1/2021 passed by learned Additional Sessions Judge, Nahan (learned Trial Court) vide which the appellant (accused before the learned Trial Court) was convicted of the commission of offences punishable under Ss. 307, 326 and 354 of IPC and order dtd. 2/1/2021 vide which he was sentenced as under:- <FRM>JUDGEMENT_37_LAWS(HPH)11_2024_1.html</FRM>

(2.) Briefly stated, the facts giving rise to the present appeal are that the police filed a challan against the accused for the commission of offences punishable under Ss. 323, 324, 326, 354 and 307 of IPC. It was asserted that the victim (name being withheld to protect her identity) had gone to the jungle on 6/9/2015. She was found in an injured condition by Ram Lal (PW3). He informed the son of the victim (PW1). She was brought to the hospital. Intimation was given to the police and entry (Ext. PW9/A) was recorded in the police station HC-Vidya Nand (PW9) and HHC Pratap Singh went to Civil Hospital Sarahan for the verification of the information. Vidya Nand (PW9) recorded the statement of the informant (Ext. PW1/A) and sent it to the Police Station where FIR (Ext. PW10/A) was registered. Dr Deepika (PW6) conducted the victim's medical examination and found multiple injuries on her person. She referred the victim to a higher centre for further evaluation and management. She reserved her final opinion. She issued the MLC (Ext. PW6/A). HC Vidya Nand (PW9) visited the spot and recorded the statements of the witnesses as per their version. He took the photographs (Ext. PW9/B and Ext. PW9/C). He prepared the spot map (Ext. PW9/D). He picked up the chopped thumb and index finger of the victim which were put in a match box. These were sealed in a parcel with three seal impressions of seal 'V'. These were seized vide memo (Ext. PW8/A). He also seized an ear ring, nose pin, lighter and a stick from the spot which were put in a matchbox and were sealed in a parcel with seal 'V'. These were seized vide memo (Ext. PW8/B). HC Vidya Nand (PW9) picked blood-stained mud and leaves from the spot which were wrapped in a newspaper and these were sealed in a parcel with seal impression 'V'. The seal was handed over to witness Anil Kumar after the use. Memo (Ext. PW8/C) was prepared. The victim handed over her shirt, salwar, dupatta and pullover which were seized vide memo (Ext. PW1/B). The case property was deposited with MHC-Om Prakash (PW10) who made an entry in the malkhana register and deposited the case property in the malkhana. Further investigation was conducted by ASI-Sohan Lal (PW12). He brought three persons to the police station and the victim identified the accused. A memo (Ext. PW5/A) was prepared. The accused disclosed that he had concealed the clothes in his residence and he could get them recovered. Disclosure statement (Ext. PW2/A) was reduced into writing. The accused was taken to the victim's house where the victim handed over a darat. ASI Sohan Lal (PW12) prepared a sketch of Darat (Ext. PW5/C) and sealed it in a cloth parcel with three impressions of seal 'A'. Darat was seized vide memo (Ext. PW5/B). The accused led the police to Shamlati village, where he got a shirt and trouser recovered. The police sealed the shirt and the trouser in a cloth parcel with three impressions of seal 'A'. These were seized vide memo (Ext. PW5/D). The site plan (Ext. PW12/A) was prepared. The blood sample of the victim was taken on an FTA Card. The statement of the victim (Ext. PW5/E) was recorded by the learned Judicial Magistrate, First Class, Rajgarh. The case property was deposited with Om Prakash. He sent the case property to FSL for analysis. The results of the analysis (Ext. PW13/A and Ext. PW14/A) were issued stating that human blood was detected on the thumb and the fingertip but the result was inconclusive regarding the blood group. Human blood group 'B' was detected on the blood-stained leaves lifted from the spot, shirt, salwar, dupatta and sweater of the victim. Blood was detected on darat, which was insufficient for serological examination. Blood was not detected on the cut scalp hair of the accused. The hair found on the thumb, fingertip and blood-stained leaves were identified as human head hair but they could not be compared with the scalp hair of the accused due to insufficient quantity. A mixed DNA profile was obtained from darat but nothing specific could be inferred from it. A DNA profile was obtained from the finger, which matched with the DNA profile obtained from the victim. Dr Deepika (PW6) issued her final opinion that the injuries were dangerous to life and could have been caused by a weapon like Darat (Ext. P5). 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, Rajgarh who committed it to learned Sessions Judge, Nahan for trial.

(3.) Learned Sessions Judge, Nahan assigned the case to learned Additional Sessions Judge, Nahan (learned Trial Court).