MAHENDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment and order dated 9/10.7.2015, rendered by the learned Sessions Judge, Kinnaur, Sessions Division at Ramput Bushahr, Distt. Shimla, H.P. in Sessions Trial No. 0100040/2013, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offences punishable under Sections 302, 341 and 427 IPC, has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 50,000/ - for the offence punishable under Section 302 IPC. He was further sentenced to undergo simple imprisonment for a term of one month and to pay a fine of Rs. 500/ - for the commission of offence punishable under Section 341 IPC. The accused was also sentenced to undergo simple imprisonment for a term of one year and to pay fine of Rs. 5000/ - for the commission of offence under Section 427 IPC. All the sentences were ordered to run concurrently.

(2.) THE case of the prosecution, in a nut shell, is that Rajesh Sharma (since deceased) was an agriculturist and horticulturist by profession. He was having his land in Villages Bagain, Jamela and Karyal. He was residing with his family at Village Bagain. On 29.6.2013, at about 9:30 AM, the deceased left alone from his house to visit Village Kotighat. His maruti Car No. HP -06 -4084 was parked at village Jamela. He went to Village Jamela to pick up his Car to go to village Kotighat. The deceased could not start his vehicle and thus he sought the help of his son Jitender Kumar and Veer Partap Nepali (labourer) to push and start his vehicle. Thereafter, the deceased left for Kotighat in his Car. The accused, at the same time, was seen going towards Derthu temple armed with a Danda. At about 11:30 AM, complainant, Anita Sharma, wife of the deceased called him on his cell phone but failed to get any response. At about 6 -7 PM, Lal Hussain Gujjar, while moving along with his herd towards Derath, saw one white Maruti Car parked on the roadside with broken windscreen and windowpane. He also saw that road in front of the vehicle was obstructed by putting stones. He also saw one male lying downside the road. He went to his Dera and informed Ramesh Sharma about this fact on his cell phone at about 8:30 PM. The information was further conveyed by Ramesh Sharma to his brother Prem Dutt and later to Ratti Ram at about 7 -8 PM. The information was also conveyed by Prem Dutt to Mool Raj and Virender Sharma, who went to the spot and saw that road towards Narkanda was obstructed by putting stones. One white Maruti Car No. HP -06 -4084 was parked on the roadside with broken windscreen and left windowpane with blood stains. The dead body of Rajesh Sharma was found lying below the road in a Nallah. Thereafter, these persons informed Sh. Khema Nand Sharma, Pradhan Gram Panchayat, Kotighat, Tehsil Kumarsain. At about 11:45 PM, Sh. Khema Nand reported the matter to police. SI Rajinder Kumar visited the spot at 4:00 AM. On 30.6.2013, in the morning, complainant Anita Sharma, wife of the deceased came to know about the incident and she visited the spot. She got her statement recorded u/s. 154 Cr.P.C. vide Ext. PW -1/A to SI Rajinder Kumar. The statement was sent to the Police Station, on the basis of which, FIR No. 75/2013 dated 30.6.2013, under Sections 302, 341 and 427/34 IPC was registered. The post mortem was got conducted. Recoveries were made from the spot. According to the opinion of Dr. Sangeet Dhillon, the cause of death was injury to brain due to blunt trauma, homicidal in nature while his blood alcohol concentration was found to be 301.30 mg%. The accused also made disclosure statement, on the basis of which, danda and clothes were recovered. The accused also identified the place of occurrence near Derthu Nallah. On completion of the investigation, challan was put up before the Court after completing all the codal formalities.

(3.) MR . R.K. Bawa, Sr. Advocate with Mr. Jeevesh Sharma, Advocate, for the accused has vehemently argued that the prosecution has failed to prove the case against the accused. On the other hand, Mr. Ramesh Thakur, Asstt. Advocate General, appearing on behalf of the State, has supported the judgment/order of the learned trial Court dated 9/10.7.2015.