JAGAT BAHADUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal from jail by the accused is directed against the judgment of Additional Sessions Judge, Kullu in Session Trial No. 20 of 1992 dated 21-8-1993 registered by the Police through First Information Report 165/92 dated 22-5-1992 for offences under Sections 376/302 of the Indian Penal Code. Two accused namely Jagat Bahadur (present appellant) and Lekh Raj alias Raju were tried for these offences. However, Lekh Raj alias Raju has been acquitted for lack of evidence against him. So far as the present appellant (hereafter the accused) is concerned, he has been convicted for both these offences and sentenced to rigorous imprisonment for life and to pay a fine of Rs.5,000.00, in default of payment of the fine to undergo simple imprisonment for a period of 3 years for offence under Section 302, I.P.C. and for 7 years rigorous imprisonment and a fine of Rs.1,000.00, in default of payment of fine to undergo further simple imprisonment for 2 years for offence under Section 376, I.P.C. Both the sentences have however, been ordered to run concurrently.

(2.) The facts of the case may now be briefly stated thus: Phinu Ram (P.W. 15) is the husband of Smt. Kailaso Devi (hereafter deceased). He was running a 'DHABA' at Manikaran Bus Stand. The couple was residing in a house nearby. On 25-5-1992 the complainant went to take bath leaving the deceased in charge of the 'DHABA'. When he was passing through Galo-bridge, he found the deceased in the company of driver Lekh Raj who was going towards the village Kasol. The complainant Phinu Ram (hereafter complainant) asked the deceased to prepare the meals in the house stating further that he would return in the meanwhile after taking the bath. When the complainant returned he did not find the deceased in the residence. He thought that she might be somewhere in the vicinity and therefore, did not bother much. But when she did not return during the night, he thought that she might have gone to her mother's sister at Bhuntar. The deceased did not return on 21-51992 therefore, the complainant went to search of her on 22-5-1992.

(3.) The complainant met the wife of Ram Bahadur at village Kasol. She informed the complainant that the naked dead body of his wife was lying in the GRAHAN NULLAH and that she had seen the deceased in the orchard of Shri K.K. Dhar with the accused on 20-5-1992 when the deceased was not wearing Salwar and blood was coming out from her mouth and private part, therefore, she was suspicious that the accused might have committed the rape and murder of the deceased. The complainant went to the spot - GRAHAN NULLAH and identified the dead body of the deceased. He came across Head Constable Daba Ram (P.W. 12) along with some police officials in village Kasol while on way to report the matter. Accordingly, he made a statement under Section 154 of the Code of Criminal Procedure (Ex. PN) on the basis of which First Information Report (Ex. PG) was registered in the Police Station Kullu.