OM PRAKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) CONVICT Om Prakash has assailed the judgment dated 27.5.2009/29.5.2009, passed by learned Sessions Judge, Solan, H.P., in Case No. 1 -S/7 of 2008, titled as State of Himachal Pradesh vs. Om Prakash, whereby he stands convicted and sentenced to undergo rigorous imprisonment for life and pay fine of Rs. 5,000/ - in relation to an offence punishable under the provisions of Section 302 of the Indian Penal Code and in default thereof, to further undergo imprisonment for a period of one year.

(2.) IT is the case of prosecution that on 22.3.2008 at about 10.00 a.m., Sh. Om Parkash (PW -4) spotted dead body of a female lying on a public road, passing through his land (ghaasni), at Serighat near Kunihar, District Solan, H.P. Om Prakash informed his cousin Sh. Roop Ram (PW -2) who in turn, told Pradhan of the area Sh. Govind Ram Bhardwaj (PW -3). Telephonically Pradhan gave such information to the police at Police Post Sairi. At about 12.15 p.m., HC -Prem Lal (not examined) telephonically informed Police Station Kandaghat, where entry in the Daily Diary Register (Ext.PW - 28/A) was recorded. For the investigation, Station House Officer, Inspector Liaq Ram (PW -28) reached the spot. He sent Ruka (Ext. PW -25/A) on the basis of which F.I.R. No. 34/2008, dated 22.3.2008 (Ext. PW -25/C) was registered at Police Station Kandaghat, Distt. Solan, H.P., under the provisions of Section 302 of the Indian Penal Code. On the spot, he prepared inquest reports (Ext. PW -5/B and 5/C) in the presence of independent witnesses Sh. Om Parkash (not examined another person by same name) and Sh. Rajesh Kumar (PW -5). Photographs of the deceased (Ext. PW -28/A1 to A16) were taken and site plan (Ext. PW -28/B) prepared. The dead body was searched by a Lady Constable Meera Thakur (PW -1), in the presence of independent witness Smt. Sheela Devi (not examined). Sandals of the deceased, a used condom and a bill (cash memo) lying near the body were taken into possession vide memo (Ext. PW -5/A). The dead body was sent for post mortem which was conducted by Dr. Piyush Kapila (PW -19) who issued Post Mortem Report (Ext. PW -19/A). Since identity of the deceased could not be ascertained by the police, her photograph was published in the newspaper which was widely circulated in the area. Investigation revealed that one Sh. Tulsi Ram resident of Anji Jabbal (not examined), in Kunihar area, had four daughters some of whom lived in Punjab/Nalagarh area and as such, on 25.3.2008 Constables Narender, Ravinder and Nagender Singh (all not examined), went to his house with the cutting of the news paper but none from the family could identify the dead body. However, police took some of his family members for identification of the dead body, which was kept in the mortuary of Indira Gandhi Medical College and Hospital at Shimla. Sh. Charan Dass (PW -6) and Ram Parkash (not examined) identified the body to be that of their sister Sushila (hereinafter referred to as the deceased), vide memo (Ext. PW -3/A). After completing the necessary formalities, body was handed over to the family vide memo (Ext. PW -3/B). On the asking of Inspector Liaq Ram (PW -28), on 26th March, 2008 ASI Gulab Singh (PW -30) went to Baddi where investigation revealed that the accused and the deceased who were gainfully employed in separate organizations, were living together, in a tenanted accommodation of Sh. Mahinder Singh (PW -8). Investigation further revealed that the accused and the deceased, though closely related, being first cousins from mother's side, were having illicit relationship with each other. Also they would often quarrel with each other. It further came to the notice of police that on 21st March, 2008, both the accused and the deceased took half day leave whereafter accused took the deceased on his scooter (two wheeler) towards Kunihar. On the way at about 6 - 6.30 p.m. they stopped in the shop of Sh. Ranbir Singh (PW -14) and in the presence of Sh. Devinder Kumar (PW -17) had samosa & chana. Thereafter, at Kunihar bazaar they went to the shop of Sh. Ramesh Chand (PW -15) from where deceased purchased cloth material (suits). From there accused took the deceased to an isolated place where they quarrelled. Also accused fell from the scooter as a result of which he sustained injuries. Soon thereafter, he murdered her by strangulating with a chunni (Ext. P -12). Accused who was arrested on 26.3.2008, was got medically examined at Civil Hospital Kandaghat. Dr.M.P. Singh (PW -23) issued MLC (Ext. PW -23/B) dated 28.3.2008. Only on 29.3.2008 accused made disclosure statement (Ext. PW -13/A), in the presence of Sh. Kailash Chand (PW -13), to the effect that he could get recovered chunni (Ext. P -12) which he had hidden under the culvert at a distance of two and a half three kilometers from Serighat. Pursuant thereto, accused got it recovered in the presence of independent witnesses Sh. Jagat Ram (PW -12) and Sh. Bheema Nand (not examined) vide memo (Ext. PW - 12/A). Police also took into possession record pertaining to the leave of both the deceased and the accused from their respective employers. Also suits which the deceased had purchased at Kunihar were recovered from the mother of the accused. Miss Seema (PW -20) found one gold earring (jhumka) belonging to the deceased and gave it to her uncle Sh. Vasudev (not examined), who in turn handed it over to the police. Other ear ring was recovered from the possession of mother (not examined) of the accused in the presence of witnesses HHC -Rakesh Chand (PW -16) and Sh. Kailash Chand (PW -13). Investigation revealed complicity of the accused in the alleged crime. As such, challan was presented in the Court for trial.

(3.) ACCUSED was charged for having committed an offence punishable under the provisions of Sections 302 of the Indian Penal Code, to which he did not plead guilty and claimed trial.