KESANG TAMANG Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 12.10.2011, rendered by the learned Sessions Judge, Kinnaur at Rampur Bhushar, H.P. in Sessions Trial No. 52 of 2010, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sections 302 IPC, has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/ - and in default of payment of fine to further undergo simple imprisonment for six months for causing death of Smt. Shirsahni and master Karsang Tamang.

(2.) THE case of the prosecution, in a nut shell, is that one Mohan Lal, a contractor had taken the soling and tarring work of Nalaban -Olta road. He engaged the complainant as his Munshi. Mohan Lal had also engaged Nepali labourers, namely, Kesang Tamang, Chichi Tamang, Gam Bahdur as well as Sh. Nakley Lama, the Compressor Operator. The wives of the Nepali labourers were also engaged in the work. The labourers had their residences/Deras on the upper side of the road, near Nalaban forest. The complainant and Sh. Jagdish had kept their residence in Village Chaddi. On 25.7.2010, at about 11:15 PM, the complainant received a call from Nakley Lama, informing that the accused had run away after killing his wife and child. The complainant, alongwith Jagdish went to the Deras of labourers where he was told by Chichi Tamang that at about 11:00 PM, he heard a sound on the roof of Gum Bahadur indicating that someone was moving on their roof. They woke up and came out from their Deras and found that the accused was standing on the roof of Gum Bahadur, having some weapon. He was shouting to have sacrificed his wife and son. Thereafter, the accused jumped from the roof and ran towards jungle with the weapon. They found his wife and children lying dead on the bed in a pool of blood. They had injuries on their necks. The accused was searched but he was not traceable. The site plan was prepared. The dead bodies were sent to CHC Nankhari from where they were referred to IGMC, Shimla for post mortem. The accused made disclosure statement regarding the weapon (chhura) on 30.7.2010, on the basis of which chhura was got recovered. The viscera which was taken into possession at the time of post mortem examination was sent to FSL, Junga and report was obtained. The spot was inspected by Patwari Patwar Circle nankhari. The age of the deceased Smt. Shirsahni aged 33 years and son master Karsang aged 2 1/2 years. On completion of the investigation, challan was put up after completing all the codal formalities.

(3.) MR . Jagdish Thakur, Advocate for the accused has vehemently argued that the prosecution has failed to prove the case against the accused. On the other hand, Mr. P.M. Negi, Dy. Advocate General, appearing on behalf of the State, has supported the judgment of the learned trial Court dated 12.10.2011.