SIMRAN PAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASSAILING the judgment dated 24.5.2012, passed by learned Addl. Sessions Judge, Fast Track Court, Shimla, H.P., in Sessions Trial No. 14 -S/7 of 2010, titled as State of H.P. vs. Simran Pal Singh, whereby appellant -accused stands convicted and sentenced to undergo imprisonment for life in relation to an offence punishable under the provisions of Section 302 of the Indian Penal Code, he has filed the present appeal under the provisions of Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 17.1.2010 accused Simran Pal Singh son of Rachpal Singh (PW -5) got married to Simarjit Kaur (deceased) daughter of Harnek Singh (PW -1). The couple decided to visit Shimla for their honeymoon. Accused borrowed a car from his friend Pankaj Sethi (PW -32) at Panchkula (Haryana) and came to Shimla. On 21.2.2010 they checked in at Kufri Holiday Resorts, Kufri, District Shimla (H.P.). During their stay there, they spoke with their respective parents. Last such conversation took place on 22.2.2010. Same day, at 4.00 p.m. accused also spoke with Ranjit Singh (PW -4), brother of the deceased and informed that they were returning to Panchkula from Kufri. He also informed Rachpal Singh about the same. However, on return from Kufri, just before Shimla, accused stopped the car near Hasan Valley and with an intent of murdering, pushed the deceased below the cliff into a deep gorge. Motive being, his suspicion of deceased having illicit relationship with her father -in -law. Thereafter accused came and checked in at hotel Gulmarg Regency in Shimla and the following morning i.e. 23.2.2010 left for Panchkula, where he met his friend Pankaj Sethi and also sought legal opinion from a lawyer. In the night of 22.2.2010 and morning of 23.2.2010, Harnek Singh, without any success, tried to contact his daughter on telephone. On 24.2.2010/25.2.2010 accused met his father Rachpal Singh at Panchkula/Mohali (Twin Cities on the periphery of Chandigarh) and misinformed that the deceased had left him at Kufri, as she had desired to take a long walk, since when she was not traceable. On 26.2.2010, Rachpal Singh informed Harnek Singh that both the accused and the deceased were well. All along accused remained in Panchkula. Since Harnek Singh was not able to contact his daughter, on 27.2.2010, he alongwith Rachpal Singh came to Chandigarh to meet the deceased whose whereabouts were still not known to him. Even then accused maintained stoic silence. Since deceased was not traceable, on 28.2.2010 Rachpal Singh lodged missing reports (Ext. PW -5/A and Ex. PW -5/B) at Police Station, Sadar, Ferozepur (Punjab). For investigation, police officials HC -Gurcharan Singh (PW -29), ASI Rakesh Kumar (PW -36) and HC -Jaspal Singh (PW -28) visited Panchkula and questioned the accused. Eventually on 1.3.2010, accused disclosed to ASI Rakesh Kumar that he had killed his wife by pushing her down the cliff somewhere near Kufri, which information was passed on to officials of Police Station Dhalli (H.P.). ASI -Sapinder Singh (PW -39) Police Station, Dhalli, recorded such fact in the roznamcha register (Ext. PW -9/A) and informed his higher authorities. Inspector Balbir Singh (PW -40), S.H.O. Police Station Dhalli, deputed ASI Bhup Singh (PW -38) to take necessary action. Police officials visited Panchkula and in the early hours of morning of 2.3.2010, ASI Bhup Singh (PW -38) brought the accused to Police Station, Dhalli, where Harnek Singh (PW -1) got his statement recorded under Section 154 Cr.P.C. (Ext. PW -1/A), on the basis of which F.I.R. No. 41 of 2010, dated 2.3.2010 (Ext. PW -40/A) was registered against the accused under the provisions of Section 302 of the Indian Penal Code. Accused, who was arrested, in the presence of Harnek Singh, Atma Singh (PW -2), Ranjit Singh (PW -4) and Ravinder Singh (PW -3) made a disclosure statement (Ex. PW -1/B), under the provisions of Section 27 of the Indian Evidence Act to the effect that near Kufri, between Green Valley and Hasan Valley, he had thrown the body of the deceased into a gorge. He then led the police to the spot and got recovered from the jungle, dead body, partially eaten by wild animals, so identified to be the deceased by Harnek Singh, vide Memo (Ex. PW -1/D). Constable Lokender Singh (PW -22) took photographs of the spot (Ex. PW -22/1 -A to 22/A -9), which also was demarcated by Patwari Vijay Singh (PW -12), who prepared tatima (Ex. PW -12/A). From the spot, dupatta (Ex. P -2) and other incriminating articles belonging to the deceased were also recovered. Inquest reports (Ext. PW -25/A and 25/B) were prepared and vide application (Ext. PW -25/A) dead body was sent for post mortem which was conducted by a Board and Dr. Piyush Kapila, on the basis of report (Ex. PW -23/A) of the chemical examiner, issued final post mortem report (Ex. PW -25/E), opining that deceased died on account of head injury. Thereafter, dead body was handed over to Harnek Singh (PW -1) for performance of last rites.

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