RANJODH SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against judgment dated 7.7.2011 rendered by learned Sessions Judge, Hamirpur, Himachal Pradesh in Sessions Trial No. 28 of 2010, whereby appellant-accused (herein after referred to as 'accused'), who was charged with and tried for offence under Sections 302 and 201 of Indian Penal Code, has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/- for offence under Section 302 IPC, and in default of payment of fine to further undergo imprisonment for six months, and under Section 201 IPC, he has been sentenced to rigorous imprisonment for three years and to pay a fine of Rs. 20,000/-, and in default of payment of fine, to further undergo imprisonment for six months.

(2.) Case of the prosecution, in a nutshell, is that on 21.7.2010, at about 10.00 pm, accused called Pawna Devi alias Pano Devi on telephone whether Raj Kumari (deceased) had come to their house or not and Pano Devi replied in negative. Thereafter, Pano Devi asked her brother-in-law, Roshan Lal on telephone as to whether Raj Kumari had come to his house or not and Roshan Lal also replied in negative. Pano Devi further told Roshan Lal that accused Ranjodh Singh was asking about Raj Kumari as she had not returned home from Sujanpur. On 22.7.2010 at about 8.30 AM, Roshan Lal, Desh Raj, Praveen Kumar, Pawna Devi alias Pano Devi, Maya Devi, Nirmala Devi and Naseeb Devi went to the house of the accused in order to know whereabouts of Raj Kumari. After reaching at his house, Roshan Lal inquired from accused about Raj Kumari and he told them that Raj Kumari did not return home since the previous day from Sujanpur. Roshan Lal was not satisfied with the reply of the accused. They got suspicious and started searching the house. They recovered blood stained bed-sheet, Chadar, Dupatta and a blanket from an almirah in the house. After recovery of blood stained clothes, they became more suspicious. Desh Raj went to the police station, Sujanpur, where he gave application, Ext. PW.2/A. SI/SHO, Ramesh Chand, alongwith other police officials went to the house of accused. The police and Roshan Lal again asked the accused about the whereabouts of Raj Kumari and accused confessed that after killing Raj Kumari, with a Danda on the previous night, he wrapped the dead body in a gunny bag and threw the same in Beas river. Thereafter, SHO Ramesh Chand recorded statement of Roshan Lal under Section 154 CrPC Ext. PW1/A.

(3.) Prosecution has examined as many as 24 witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence and examined two witnesses in his defence.