PARIMAL BHURATHOKI Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeal is directed against the impugned judgment rendered on 21.7.2012, by the learned Additional Sessions Judge, FTC Kullu, in Sessions trial No. 46 of 2011, whereby, the learned trial Court convicted and sentenced the accused/appellant to undergo rigorous imprisonment for a period of ten years and to pay a fine in a sum of Rs. 5,000/ - (five thousand) and in default to further undergo Rigorous imprisonment for a period of one year for commission of offence under Section 304 (part II) of Indian Penal Code.

(2.) ON 22.7.2011, a telephonic information was received in the police station, Manali that a lady had been brought to the Mission Hospital Manali in an injured condition, who had succumbed to her injuries. On the basis of above, Rapat No. 10(A) was registered. As per rapat No. 11 (A) ASI Rajeev has recorded the statement of complainant Sarita Thakur under Section 154 Cr.P.C. Complainant Sarita Devi reported in her statement that they had kept accused as servant in their apple orchard and the accused used to reside in the orchard with his wife alongwith his children. On 21.7.2011, at about 8 p.m. another lady came to her and disclosed that accused under the influence of liquor is beating his wife. On this, she went to the room of the accused and saw that he was beating his wife with fist blows. She pacified the accused and rescued deceased Parvati from his clutches. On 22.7.2011 at about 5.30 a.m., she and her sister heard knocking of door from the house of the accused. She left to the room of the accused and found that the room was bolted from outside. On the opening of room, she found that the deceased was lying on the floor and another woman Sita Devi was standing in the room holding a child in her lap and disclosed to her that accused had again beaten the deceased as a result of which she had fallen on floor. Thereafter, the injured was taken to the Mission Hospital Manali, where she was declared brought dead by the Medical Officer. On the basis of statement of complainant, rukka was sent to the police station on the basis of which FIR No. 321 of 2011 was got registered. During the course of investigation, Investigating Officer filled inquest papers. For Post Mortem Examination on the dead body of the deceased an application was moved before the M.O, CHC, Manali. The team of Doctors in their opinion voiced the fact of demise of deceased being attributable to head injury. Photographs of the place of occurrence and dead body were clicked. During the course of investigation, IO has prepared spot map. On conclusion of the investigation, into the offence, allegedly committed by the accused, final report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.

(3.) IN order to prove its case, the prosecution examined 13 witnesses. On closure of prosecution evidence, the statement of the accused, under Section 313 of the Code of Criminal Procedure, was recorded in which he pleaded innocence and claimed false implication. He did not choose to lead evidence in defence.