BIDHI CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 29.9.2009 rendered by the Additional Sessions Judge (1), Kangra at Dharamshala in Sessions Case No. 12 -1/2008, whereby the appellant -accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under section 302 of the Indian Penal Code, has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 30,000/ - and in default of payment of fine to further undergo imprisonment for a period of one year.

(2.) CASE of the prosecution, in a nutshell, is that on 21.8.2007 Krishan Chand informed the Police that he is agriculturist and on 21.8.2007 at about 12.30 P.M. he was returning home from Budhabad. When he reached near the house of Thulia Ram, he heard cries of a child. He reached the house of Thulia Ram. He saw accused Bidhi Chand in the room. Bidhi Chand is the son -in -law of Thulia Ram. He was giving Darat blow on the back side of the neck of his son Paramjeet alias Nikhil. Two children were already lying there on the ground in the pool of blood having cut injuries. He tried to nab the accused. Accused threw the Darat in the room and fled away from the spot. Krishan Chand saw sister -in -law of the accused, who was dumb, tied with rope in the room. Accused Bidhi Chand had committed murder of his three children with the Darat. His statement under section 154 of the Code of Criminal Procedure Ex. PW -2/A was recorded, on the basis of which FIR Ex. PW -12/A was registered. The dead bodies were got photographed. Police prepared site plan. It took into possession Darat Ex. P -6 vide memo Ex. PW -7/A. Blood samples Ex. P -11 to Ex. P -13 were also lifted and taken into possession vide memo Ex. PW -4/A. Police took into possession pants Ex. P -8 and shirt Ex. P -9 vide memo Ex. PW -6/B. Police prepared the inquest reports Ex. PW -1/B to Ex. PW -1/D. Post mortems were conducted and the PMRs Ex. PW -1/E to Ex. PW -1/G were obtained. The doctor also handed over the clothes of the children to the police alongwith PMRs. The F.S.L. report is Ex. PW -17/C. Police investigated the case and the challan was put up in the court after completing all the codal formalities.

(3.) MR . Ankush Dass Sood, learned counsel for the accused has vehemently argued that the prosecution has failed to prove its case against the accused.