SHAH JAHAN ALI Vs. STATE OF H.P.

JUDGEMENT

(1.) Present appeal is filed against judgment and sentence passed by learned Sessions Judge Kinnaur Sessions Division at Rampur Bushahr HP in Sessions trial No. 19 of 2011 titled State of H.P. v/s. Shah Jahan Ali decided on 26.7.2013.

(2.) It is alleged by prosecution that on dated 11.7.2011 at about 5.30 PM at place Shikari rivulet accused attempted to commit rape upon prosecutrix and thereafter committed murder of deceased Kim Dassi intentionally. It is further alleged by prosecution that incident was witnessed by PW2 Jakmali, PW1 Shyam Lal and PW10 Jiya Lal. It is further alleged by prosecution that salwar of prosecutrix was opened and was rested on her knees and her left eye was damaged and blood was oozing from the head of deceased Kim Dassi. It is further alleged by prosecution that PW10 Jiya Lal identified accused in Court. It is further alleged by prosecution that thereafter information was given to police by PW10 Jiya Lal. It is further alleged by prosecution that PW8 constable Gopal Singh recorded rapat No. 12 Ext PW8/E. It is further alleged by prosecution that PW18 ASI Dharmesh Dutt police post Sarahan recorded statement of PW10 Jiya Lal Ext PW10/A. It is further alleged by prosecution that thereafter FIR Ext. PW15/F was registered at police station Jhakri by PW15 HC Bhaskra Nand. It is further alleged by prosecution that PW18 ASI Dharmesh Dutt took twenty two photographs of spot which are Ext PX1 to Ext PX22 and negatives are Ext PX23 to Ext PX29. It is further alleged by prosecution that spot map Ext PW18/A was prepared. It is further alleged by prosecution that dead body of deceased Kim Dassi took into possession vide memo Ext PW11/E. It is further alleged by prosecution that PW18 Dharmesh Dutt took into possession leaves of 'Ban' tree stained with blood vide memo Ext PW11/D and sealed them in a parcel with seal impression 'P'. It is further alleged by prosecution that PW18 Dharmesh Dutt took into possession hair which was found in the hands of deceased Kim Dassi vide memo Ext PW11/B. It is further alleged by prosecution that sandal Ext P9 took into possession vide seizure memo and sealed in a parcel. It is further alleged by prosecution that PW18 Dharmesh Dutt prepared inquest reports Ext PW18/C and Ext PW18/D and sent dead body of deceased Kim Dassi to MGMSC Khaneri for post mortem along with Ext PW18/E. It is further alleged by prosecution that dead body was referred for post mortem examination to IGMC Shimla. It is further alleged by prosecution that accused was interrogated and arrested. It is further alleged by prosecution that for medical examination of accused investigating officer moved application Ext PW9/A. It is further alleged by prosecution that accused was medically examined at MGMSC Khaneri. It is further alleged by prosecution that pubic hair, pant, T -shirt and under wear of accused also took into possession. It is further alleged by prosecution that MLC Ext PW9/B was issued by medical officer. It is further alleged by prosecution that final opinion is Ext PW9/C. It is further alleged by prosecution that disclosure statement of accused Ext PW11/F recorded in the presence of witnesses PW11 Diwan Singh and PW17 Devinder Singh. It is further alleged by prosecution that spot map Ext PW18/F was prepared. It is further alleged by prosecution that post mortem of deceased Kim Dassi was conducted in IGMC Shimla on dated 13.7.2011 vide post mortem report Ext PW16/A. It is further alleged by prosecution that on dated 10.7.2011 accused remained present on duty and thereafter on dated 11.7.2011 accused was found absent from duty. It is further alleged by prosecution that copy of jamabandi Ext PW3/A, copy of tatima Ext PW3/B and copy of khasra girdawari Ext PW3/C obtained from Patwari Patwar Circle Sarahan. It is further alleged by prosecution that sickle Ext P2 and rope Ext P1 were took into possession vide seizure memo Ext PW4/A. It is further alleged by prosecution that rope Ext P1 and sickle Ext P2 were found by PW4 Sheela Devi lying in the orchard where her mother -in -law prosecutrix had gone for cutting grass. It is further alleged by prosecution that copy of malkhana register Ext PW6/A, FSL report Ext PW19/F, Ext PW19/G, Ext PW19/H and Ext PW19/J obtained. It is further alleged by prosecution that case property was deposited in malkhana and thereafter case property was sent to FSL Junga through PW5 constable Rakesh Kumar vide RC No. 102/2011. Charge framed against accused by learned Sessions Judge Kinnaur Sessions Division at Rampur Bushahr HP on dated 30.11.2011 under Sec. 302 IPC and under Sec. 376 IPC read with Sec. 511 IPC. Accused did not plead guilty and claimed trial.

(3.) Prosecution examined twenty oral witnesses in support of its case and also produced documentaries evidence.