GOVINDA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against Judgment dated 30.4.2011 rendered by learned Additional Sessions Judge, Fast Track court, Solan, District Solan, Himachal Pradesh in Sessions Trial No. 3FTC/7 of 2009, whereby appellantaccused (herein after referred to as 'accused'), who was charged with and tried for offence under Section 302 and 376 IPC, stands convicted under Section 302 IPC with rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default of payment of fine to further undergo rigorous imprisonment for two years. He was acquitted under Section 376 IPC.

(2.) Case of the prosecution in a nutshell is that on 29.11.2008, Dashoda Devi was going alone from village Barla to village Darwa for attending marriage in her relations and when she reached near Gaad Pump house in the jungle path, accused met her. He, after seeing the deceased alone in the jungle path, with the intention to commit sexual intercourse with her, caught hold of her from behind her waist and despite the cries made by the deceased Dashoda Devi, accused did not leave her and after pushing her back, he laid her on the path and started making attempts to commit sexual intercourse with her and when the deceased resisted the attempt of the accused, accused again pushed her towards the bushes below 'Dank' and accused thereafter also came below to the bushes where deceased was lying and again attempted to forcibly commit sexual intercourse with her. When the deceased did not stop crying, accused lifted a big stone which was lying there and hit on the head of the deceased Dashoda Devi twice and after she became unconscious he attempted to have sex with her and further he again gave blow twice with the same stone on the head of the deceased Dashoda Devi. Accused went to the pump house where his companion Dipender met him to whom the accused disclosed that he had murdered one woman and demanded some money from Dipender and started saying that he will flee away from that place. Dipender told accused that he is not having any money with him and they will visit Darwa and demand money from their contractor by telephoning him. They came to their quarter at Darwa where Dipender asked the accused to sit in the room and he will come back to the room after making telephone call to their contractor. Dipender, on telephone, told contractor regarding killing of the woman by accused and on this, he asked Dipender to take the accused before Pradhan, Gram Panchayat Darwa and he will telephone the Pradhan. Dipender thereafter came to his quarter and told the accused that the telephone of contractor is disconnecting and they will go to the Pradhan and demand money from him.

(3.) Accused and Dipender came to Puran Chand. Accused made extra-judicial confession before Puran Chand Gupta about killing of Dashoda Devi. Pradhan took few local people to the place pointed out by the accused. They found dead body of deceased in the bushes of 'Dank' (cliff). Accused identified the stone. Pradhan informed the police. Police reached the spot. Statement of Puran Chand Gupta was recorded under Section 154 of the Code of Criminal Procedure. FIR was registered. Spot map was prepared. Photographs were taken. Dead body of deceased Dashoda Devi was sent for post-mortem examination at CHC Dharampur. Case property was deposited by SI SHO Ramesh Thakur with MHC Police Station Kasauli. MHC sent the case property to FSL Junga on 4.12.2008. Investigation was completed. Challan was put up in the Court after completion of all codal formalities.