SULI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment and order dated 22.12.2012, rendered by the learned Addl. Sessions Judge (FTC), Chamba, H.P. in Sessions Trial No. 5/12, 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 imprisonment for life and to pay a fine of Rs. 20,000/ - and in default of payment of fine, he was further ordered to undergo rigorous imprisonment for six months.

(2.) THE case of the prosecution, in a nut shell, is that on 18.12.2011 at around 6:05 PM, on receipt of telephonic information from Madho Ram (PW -5), vide rapat No. 21 in daily diary at PS Tissa, Inspector Jagdish Chand (PW -19) alongwith other police officials reached near village Kandwas and found dead body of a boy, namely, Harish son of Bhagat Ram (PW -1). It was dark, therefore, the dead body was kept safe. On next day, i.e. 19.12.2011 in the morning, after post mortem examination of the deceased, complainant Bhagat Ram (PW -1) father of the deceased gave his statement under Section 154 Cr.P.C. vide Ext. PW -1/A to the effect that on 18.12.2011, he deputed his deceased son Harish to bring nails from the shop in Village Sagluga. He had given him Rs. 60/ -. He kept on waiting for his son till 5:00 PM but he did not turn up. He rang up at Village Sagluga to Himmat Singh (PW -3) to inquire about the whereabouts of his deceased son. PW -3 Himmat Singh told him that he had not seen his son. Then he went in search of his deceased son and at around 5:00 PM, he found the dead body of his son lying in the fields of Baldev at Khill in Village Fuldwas at a distance of 500 -600 meters from his village. His son was lying with his face upwards and heavy stone Ext. P -2 weighing about 20 kg was found kept on his belly. His face was smeared with blood. He raised screams and after a while Himmat Singh (PW -3) came on the spot and informed about the dead body of deceased to his family members. Himmat Singh PW -3 informed Narli Devi (PW -4) on telephone and thereafter other villagers also came to the spot. It transpired during investigation that on 18.12.2011, accused was sitting in the orchard of Chatro while his son accompanied deceased Harish Kumar to Village Sagluga. Accused on seeing his son accompanying Harish Kumar used provocative language and he was sent back to home. Thereafter, deceased Harish Kumar was walking towards Village Sagluga alone and when he reached the place Khill, accused followed and chased him. Accused caught hold of the deceased and threw him on the ground. He also pelted stones on him and ran away from the spot after killing him. Inquest papers were prepared. Recoveries were effected from the spot. The dead body was sent for post mortem examination. The post mortem examination was conducted by Dr. Akshay Minhas (PW -13). The accused was arrested on 23.12.2011. On completion of the investigation, challan was put up after completing all the codal formalities.

(3.) MR . Y.P.S. Dhaulta, Advocate for the accused has vehemently argued that the prosecution has failed to prove the case against the accused. On the other hand, Mr. M.A. Khan, Addl. Advocate General, appearing on behalf of the State, has supported the judgment of the learned trial Court dated 22.12.2012.