NASIB CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) IN this appeal filed under Section 374 Cr.P.C., convict Nasib Chand has assailed judgment dated 29.12.2008, passed by Additional Sessions Judge, Una, District Una, H.P., in Sessions Case No. 9 of 2008/Sessions trial No. 17 of 2008, titled as State of H.P. Versus Nasib Chand, whereby he stands convicted for having committed an offence punishable under the provisions of Section 302 of the Indian Penal Code and sentenced to serve rigorous imprisonment for life and pay fine in the sum of Rs. 10,000/ - and in default thereof, further undergo simple imprisonment for a period of one year.

(2.) IT is the case of prosecution that in the night intervening 12 -13.11.2007, accused murdered his wife Smt. Popla Devi, but misled others making them believe that on account of stomach pain deceased committed suicide. Based on the complaint, made by Paramjit Singh (PW. 11), uncle of the deceased, Inspector Mehar Chand (PW. 18) after reaching the house of accused, carried out necessary investigation. He recorded statement of Ravinder Kumar (PW. 10), brother of the deceased, on the basis of which FIR No. 218/07, dated 13.11.2007 (Ex. PW. 8/A) was registered, under the provisions of Section 302 I.P.C. at Police Station, Amb, Tehsil Amb, District Una, H.P., against the accused. Investigating Officer got the spot photographed and prepared the spot map (Ex. PW. 18/F). He also prepared the inquest reports (Ex. PW. 18/G and Ex. PW. 18/H) and sent the dead body for postmortem to the Regional Hospital, Una. Dr. Harmeet Singh (PW. 6) conducted the postmortem and issued report (Ex. PW. 6/C). On the spot, Investigating Officer completed the proceedings, including recording of statements of the relevant witnesses. With the receipt of the report of the Forensic Science Laboratory (Ex. PW. 6/B), doctor opined the deceased to have died on account of strangulation. Certainly it was not a case of natural death or suicide. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, Challan was presented in the Court for trial.

(3.) IN order to establish its case, in all, prosecution examined as many as eighteen witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he took the following defence: -