HEMA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 23/26.05.2009, rendered by the learned Sessions Judge, Shimla, H.P. in Sessions Trial No. 16 -S/7 of 2008, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sections 302 IPC, has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/ - and in default of payment of fine to further undergo simple imprisonment for one year.

(2.) THE case of the prosecution, in a nut shell, is that Hitender Kumar was posted as Asstt. Lineman, in the HPSEB at Drabla, Sub Section. On 3.7.2008, at about 8:30 AM, Hitender Kumar left from his house for duties to Drabla and did not return in the evening and also till the evening of 4.7.2008. On 4.7.2008, at about 11:00 PM, PW -5 Devloo Ram, resident of Village Malyan, telephonically informed his brother PW -1 Tikhu Ram, that one dead body was lying in Jug Forest, upon which PW -1 alongwith his elder brother Hukmi Ram proceeded to the forest in search of his brother Hitender Kumar. But, they could not locate the dead body in the forest and they returned back. On the following day, PW -1 alongwith PW -4 Kamlesh Kumar, his brother Hukmi Ram and Mathu Ram proceeded to the Jungle in search of his brother Hitender Kumar. During their search, they found that Hitender Kumar was lying dead facing downward at a distance of 100 -120 meters down from the path in the Jungle. Hitender Kumar had suffered injuries on his head and forehead, apparently caused with heavy object. PW -1 telephonically informed PW -12 Deep Ram, who in turn informed the police. The police reached the spot and recorded the statement of PW -1 Tikhu Ram under Section 154 Cr.P.C., vide Ext. PW -1/A. The FIR was registered vide Ext. PW -19/A. PW -23, proceeded with the investigation of the case and inspected the dead body of Hitender Kumar. He took photographs of the spot and also prepared the site plan. The articles lying near the body were seized and taken into possession. PW -23 also lifted blood with cotton swab from the spot. The dead body was sent for post mortem examination. The post mortem on the dead body was conducted by PW -24 Dr. Piyush Kapila. The report is Ext. PW -24/B. According to the report, the deceased died as a result of gross head injury leading to laceration of brain and death. The accused was arrested. Disclosure statement was recorded vide Ext. PW -6/B, on the basis of which, the recoveries were effected. The case property was sent for chemical examination. On completion of the investigation, challan was put up after completing all the codal formalities.

(3.) MR . Umesh Kanwar, Advocate for the accused has vehemently argued that the prosecution has failed to prove the case against the accused. On the other hand, Mr. M.A. Khan, Addl. Advocate General, appearing on behalf of the State, has supported the judgment of the learned trial Court dated 23/26.5.2009.