RAVI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT -convict Ravi Kumar, hereinafter referred to as the accused, has assailed the judgment dated 30.4.2013, passed by Additional Sessions Judge, Kangra at Dharamshala, District Kangra, Himachal Pradesh, in Sessions Case No. 38 -G/VII/12, titled as State v. Ravi Kumar, whereby he stands convicted of the offence punishable under the provisions of Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and pay a fine of Rs. 10,000/ - and in default thereof to further undergo rigorous imprisonment for a period of one year.

(2.) IT is the case of prosecution that complainant Ramesh Chand (PW -7) was living with his wife Nisha Devi (deceased) and two children in village Bari. Accused Ravi Kumar, nephew of Ramesh Chand, who had an evil eye on Nisha Devi, went to the jungle with her on 21.12.2011. On 22.12.2011, when Nisha Devi went to the jungle, commonly known as Ridian wala Jungle, he followed and murdered her. Not finding his wife at home, Ramesh Chand was informed that she had gone to the jungle for fetching fuel wood. When she did not return till late evening, villagers constituted two search parties, one of which was headed by the accused. Pretending that he was not aware of anything, accused led the search party to the place where the dead body was lying. On a telephonic information of the deceased being murdered, after preparing Rapt (Ex. PW -11/A), police party, headed by ASI Suresh Kumar (PW -16) reached the spot, where statement of Ramesh Chand, under the provisions of Section 154 of the Code of Criminal Procedure (Ex. PW -7/A), was recorded, on the basis of which FIR No. 191, dated 22.12.2011 (Ex. PW -12/A), for offence under the provisions of Section 302 of the Indian Penal Code, was registered at Police Station Dehra, District Kangra, Himachal Pradesh. On the spot, inquest report (Ex. P -13 & Ex. PW -16/M) was prepared; spot was got photographed; vide Memo (Ex. PW -1/D), police took into possession a pair of chappals (Ex. P -8), one blood stained Drat (Ex. P -2) and shawl (Ex. P -4), lying near the dead body, which were identified to be that of the deceased by Ramesh Chand. On 23.12.2011, Suresh Kumar got the spot examined from Dr. Arun Sharma (PW -17), Deputy Director, RFSL Dharamshala, who prepared his report (Ex. PW -16/P). On 25.12.2011, investigation was taken over by SHO Tilak Raj (PW -19), and on 31.12.2011 accused was arrested. On 1.1.2012, accused made a disclosure statement (Ex. PW -4/A), in the presence of Ramesh Chand (PW -4) and Tilak Raj (PW -9), to the effect that he could get his blood stained clothes and the weapon of offence recovered. In the presence of very same witnesses, from his house, accused got recovered blood stained Drat (P -15), his pant (P -16), shirt (P -17), vide recovery Memo (Ex. PW -4/B). The incriminating articles were sent for chemical analysis and reports of the Regional Forensic Science Laboratory, Dharamshala (Ex. PW -19/F and 19/G) were taken on record. Investigation further revealed that on 22.12.2011, Ranjana Kumari (PW -6), a co -villager had seen the accused coming from the jungle. He was walking hurriedly. Also, he had asked Sanjay Kumar (PW -3) and Batan Singh (PW -5) to mislead the police, by furnishing false information. With the completion of investigation, which, prima facie, revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as 19 witnesses and statement of the accused, under the provisions of Section 313 of the Code of Criminal Procedure, was also recorded, in which he took defence of innocence and false implication. No evidence in defence was led.