ROSHAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT -convict Roshan Lal, hereinafter referred to as the accused, has assailed the judgment dated 9.10.2009, passed by the Presiding Officer, Fast Track Court, Mandi, Himachal Pradesh, in Sessions Trial No. 4 of 2008, titled as State of Himachal Pradesh v. Roshan Lal, whereby he stands convicted of the offence punishable under the provisions of Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and pay fine of Rs. 5000/ -, and in default of payment thereof to further undergo rigorous imprisonment for a period of six months.

(2.) IT is the case of prosecution that accused Roshan Lal had a dispute with his wife Meena Devi (deceased). Despite his assurances of mending his ways, cruelties continued to be perpetuated. He would beat not only his wife but also his children. In the evening of 26.9.2008, accused again quarreled with the deceased. He also gave a blow with a danda on her head, resulting into her death. On 27.9.2008, he of his own went to Police Station, Jogindernagar and confessed with SHO Dorje Ram (PW -16) of having committed murder. Version narrated by the accused was fed in the Computer by HC Mangat Ram (PW -12) and print of the statement (Ex. PW -16/A) so taken out was read over and explained to the accused, which was signed by him. Accordingly, FIR No. 189, dated 27.9.2008 (Ex. PW -16/A) was registered at Police Station, Jogindernagar. The SHO called Sanjeev Kumar (PW -7) and Manoj Sharma (PW -15) to the Police Station, in whose presence accused again made a disclosure statement (Ex. PW -7/A) of having murdered his wife and getting the incriminating articles identified and recovered. In the presence of independent witnesses Ward Member Durga Singh (PW -1) and Up Pradhan Durga Singh (PW -14), accused got the danda, blood stained clothes and dead body recovered from his room. Dorje Ram got the spot photographed. He prepared inquest report (Ex. PW -1/A) and sent the dead body for postmortem. On the spot, he seized Danda (Ex. P -2), blood stained clothes (Ex. P -10 and P -11), blood stained pillow cover (Ex. P -12) and other incriminating material, which were sealed with seal impression 'T'. Blood stained clothes (Ex. P -4 & P -5) of the accused, which he had washed, were also seized by the police. Dr. Mikesh Kumar (PW -6) and Dr. R.N. Jarial (PW -8), conducted the postmortem and issued report (Ex. PW -6/C), which revealed the deceased to have died on account of injury to vital of the brain. Incriminating material recovered from the spot was sent for chemical analysis and report of the FSL, Junga (Ex. PW -6/B) obtained and taken on record. 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, prosecution examined as many as 16 witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he took the following defence: