AYODHYA SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) PRESENT appeal is filed under Section 374 of the Code of Criminal Procedure 1973 against the judgment and sentence passed by learned Sessions Judge Kinnaur Sessions Division at Rampur HP in Sessions Trial No. 16 of 2006 titled State v. Ayodhya Singh and another decided on dated 2.12.2008.

(2.) IT is alleged by prosecution that on dated 11.12.2005 at about 10.00 AM at village Gopalpur Police Station Jhakri Tehsil Rampur Bushahr District Shimla HP accused persons committed murder of Ramesh Chand son of Sh Sidhu Ram resident of village Dobi Tehsil Rampur intentionally. It is alleged by prosecution that house of co -accused Ayodhya Singh is situated at village Gopalpur and co -accused Ayodhya Singh has two sisters namely Rekha and Seema. It is alleged by prosecution that marriage of the sister of co -accused Ayodhya Singh namely Rekha was fixed on dated 11.12.2005 and deceased Ramesh Chand was called for lightning arrangement and decoration of the house of co -accused Ayodhya Singh and Sh Tek Singh was also called to help deceased Ramesh Chand. It is alleged by prosecution that PW3 Tek Singh was helping deceased Ramesh Chand for lightning arrangement and mother and sister of co -accused Ayodhya Singh were also present there. It is alleged by prosecution that thereafter telephone call was received by PW3 Tek Singh and he went to attend the telephone call and when he returned he found that deceased Ramesh Chand was having cut upon his body and blood was oozing out from his neck and he was dead. It is alleged by prosecution that thereafter information was delivered at Police Station Zhakri and ASI Jawahar Singh proceeded to the spot and noticed the dead body of deceased Ramesh Chand covered with a bed sheet lying in the compound of co -accused Ayodhya Singh. It is alleged by prosecution that statement Ext. P.W. 1/A of Sh Vinod Kumar brother -in -law of deceased under Section 154 Cr.P.C. recorded and thereafter same was sent to Police Station through Sh Khem Chand for recording of FIR. It is alleged by prosecution that thereafter body of deceased was photographed through P.W. 11 Krishan Lal and photographs are Ext. P.W. 11/A to Ext. P.W. 11/C and negatives are Ext. P.W. 11/D to Ext. P.W. 11/F. It is alleged by prosecution that thereafter P.W. 12 Jawahar Singh prepared inquest reports Ext. P.W. 12/A and Ext. P.W. 12/B and preserved blood stains. It is alleged by prosecution that specimen seal was drawn on a separate piece of cloth Ext. PW2/1 and memo regarding preserving of blood are Ext. PW4/A and Ext. PW4/B. It is alleged by prosecution that sample of soil from the spot was also obtained and thereafter P.W. 12 Jawahar Singh Investigating Officer also filed application Ext. PW5/A to the medical officer for conducting post mortem of deceased Ramesh Chand. It is alleged by prosecution that spot map Ext. P.W. 12/C was also prepared. It is alleged by prosecution that statement of accused under Section 27 of the Evidence Act 1872 was recorded and sword i.e. weapon of attack was recovered as per disclosure statement made by co -accused Ayodhya Singh. It is further alleged by prosecution that trouser was kept by co -accused Ayodhya Singh in a heap of clothes in a kitchen and the same was recovered in pursuance of disclosure statement. It is further alleged by prosecution that sample seals Ext. PW2/H and Ext. PW2/1 also obtained. It is further alleged by prosecution that as per opinion of PW5 Dr. Vishal Bhandari deceased Ramesh Chand had died due to head injury leading to coma and death. It is further alleged by prosecution that co -accused Ayodhya Singh and his family belongs to Rajput caste and deceased Ramesh Chand belonged to Scheduled Caste. It is further alleged by prosecution that co -accused Ayodhya Singh noticed that deceased Ramesh Chand was chattering secretly with the sister of co -accused Ayodhya Singh which was the cause of murder of deceased Ramesh Chand. It is alleged by prosecution that on dated 11.12.2005 P.W. 12 ASI Jawahar Singh deposited three parcels sealed with seal impression 'H' containing sample of soil, blood stained soil, grass and blood sample of the neck of deceased Ramesh Chand with PW7 MHC Krishan Lal. It is alleged by prosecution that thereafter on dated 13.12.2005 Inspector Suresh Kumar handed over two parcels sealed with seal 'M' and 'A' containing three pieces of sword and trouser of co -accused Ayodhya Singh to PW7 MHC Krishan Lal with direction to deposit the same in the office of FSL Junga vide RC No. 126 of 2005. It is alleged by prosecution that copies of rapat No. 7 dated 11.12.2005, rapat No. 19 dated 14.12.2005 and rapat No. 34 dated 14.12.2005 are Ext. P.W. 10/A to Ext. P.W. 10/C.

(3.) PROSECUTION examined as many as thirteen witnesses in support of its case: