SURENDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) CONVICT Surender Singh (appellant herein), has assailed the judgment dated 31.12.2010/7.1.2011, passed by Sessions Judge, Sirmaur, District at Nahan, Himachal Pradesh, in Sessions Trial No. 02 -ST/7 of 2010, titled as State of Himachal Pradesh vs. Surender Singh, whereby he stands convicted for having committed offences punishable under the provisions of Sections 302, 323, 324, 201, 452 and 506(II) of the Indian Penal Code and sentenced as under: -

(2.) IT is the case of prosecution that accused Surender Singh resident of village Dadahu was working as a Chowkidar at Panchayat Vishram Griha (Kisan Rest House), Dadahu. On 13th October, 2009, he gave beatings to his sister Kunta Devi who took refuge in the house of her neighbour Sh. Jagdish Chand (PW 1). In the middle of night, armed with a scissor, darat and danda, accused came and knocked the door of Jagdish Chand asking Kunta Devi to come out. When she came out accused again gave her beatings. Hearing her cries, neighbour Shashi Bala (PW 5) also came who also was beaten up by the accused. However, she was saved by her son Deepak Kumar (PW 8). Accused then went to the house of Rangi Lal and started giving him beatings. He also gave beatings to Kartar Singh who also was present there. However when both of them ran towards the road, accused drenched them with kerosene oil and set them on fire. Resultantly both Rangi Lal and Kartar Singh died on the spot. Jagdish Chand reported the matter to the police and F.I.R. No. 54/2009 (Ext. PW 1/A), dated 14.10.2009, was registered against the accused at Police Station Renukaji, Distt. Sirmaur, under the provisions of Section 302 of the Indian Penal Code. SI -Narayan Singh (PW 11), posted as Station House Officer, Renukaji, proceeded to the spot and conducted the necessary investigation. After taking photographs on the spot, he prepared inquest reports (Ext. PW 1/B and PW 1/D) and sent the dead bodies for post mortem, which was conducted by Dr. Vinay Kumar (PW 10) and reports (Ext. PW 10/C and PW 10/D) obtained. From the spot, police took into possession plastic canny (Ext. P -3), match -box (Ext. P -4), scissor (Ext. P -5), knife (Ext. P -6) and other incriminating articles. Accused was arrested and was also medically examined by Dr. Vinay Kumar on 15.10.2009. Upon receipt of the report of the State Forensic Science Laboratory, Junga, the Doctor opined the deceased to have died due to shock caused as a result of 100% burn injuries and that death took place within 15 minutes of receiving such burn injuries. Investigation revealed complicity of the accused in the alleged crime. Hence, challan was presented in the Court for trial.

(3.) ACCUSED was charged for having committed offences punishable under the provisions of Sections 452, 324, 323, 302, 506(II) and 201 of the Indian Penal Code to which he did not plead guilty and claimed trial.