BHAGMAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The accused Bhagmal was charged with murder of his father Tara Chand on the night intervening March 18 and 19, 1997 at village Jagna, Tehsil Sarkaghat, District Mandi. The Sessions Judge, Mandi, Kullu and Lahaul Spiti Districts who tried the accused, convicted him on 1.6.1992/2.6.1992 under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and 10 pay a fine of Rs. 1000/-. In default of payment of fine he has to undergo rigorous imprisonment for a further period of two years.

(2.) The accused has preferred this appeal from Jail. The accused, after working as driver at Amritsar for couple of months, came back to live with his father in the village. He was married to Smt. Parmilla, to whom he used to give beatings and on such occasions, his father would abuse him and chastise him for his behaviour. The incident took place on 18.3.1987 when at about 9.30 P.M. the deceased, after taking his meals in kitchen on the upper storey of the house, came down to his room alongwith his grand daughter Kumari Meera. Kumari Meera went to her room soon the, accused came with stone from outside and hit his father on the head. On hearing the crises of the deceased, Kumari Meera came there from her room and saw the accused giving two more blows with the said stone on the head of the deceased. She went up-stairs to inform her mother Smt. Jaiwanti and aunt Smt. Parmilla, wife of Shri Bin Singh who came down to the place of occurrence and saw the deceased lying unconscious in a pool of blood. At the scene, they started crying and on hearing the same, number of villagers came there. They encircled the accused prevent his escape and on being asked, the accused told them that it was in a fit of anger that he killed his father with the stone and in the presence of Smt. Jaiwanti, Smt. Parmilla and Kumari Meera, he also said that he had committed the mistake so he may be saved.

(3.) The incident was reported to the police, Police Station Sarkaghat telephonically by Chaman Lal and a case under Section 302 of the Indian Penal Code vide FIR. (Ex. P-17/A) was registered on 19.3.1987. The investigation of this case was conducted by Kehar Singh, the officer Incharge of Police Station, Sarkaghat (P.W. 13) who had reached the place of occurrence on the same day. He prepared inquest report (Ex. PD) One blood stained stone with which the accused had allegedly hit the deceased was found lying on the spot and was taken into possession and sealed in a parcel. He lifted splattered blood from the floor of the room where the dead body was lying. Bloodstained Khind (matress), a Pillow and one Gunny bag were also taken into possession. Blood stained pant, which the accused was wearing, was also taken into possession and sealed. He prepared the spot map (Ex. P.W. 17/B). He sent-the dead body of the deceased to Referral Hospital, Sarkaghat for post mortem examination. The post mortem examination was held by Doctor R.K. Abbey (P.W. 8) on 20.3.1:987 and he found the following ante mortem injuries on the dead body:1