KHAZANA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 20.7.2010 rendered by the Sessions Judge, Bilaspur in Sessions Trial No. 17 of 2009, 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. 20,000/ - 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 deceased Vidya Devi was the wife of accused. He used to frequently quarrel with the deceased. On 31.3.2009, PW -10 Lekh Ram was called by the accused to his house in order to take dinner, at which Lekh Ram alongwith his son and son of his brother -in -law went to the house of the accused. The accused asked the deceased to prepare meal after consuming liquor. The deceased who had also consumed liquor refused to prepare the meal. The accused started quarreling with the deceased and Lekh Ram tried to pacify the accused. Accused gave beatings to the deceased due to which blood started oozing out from the nose of the deceased. Thereafter, Lekh Ram alongwith others left for his house. PW -7 Kishori Lal on 31.3.2009 at about 9.15 pm also heard the accused quarreling with the deceased. Both of them were calling bad names to each other and at about 3.30 am on 1.4.2009, Kishori Lal heard the voice of accused that the deceased had been killed by someone. He did not care as he thought that the accused was drunk. Kishori Lal went to the house of the accused on 1.4.2009 at about 7.00 AM and saw the dead body of the deceased lying in the room. He also saw blood lying on the floor of the room; bed and some stains of the blood were also on the wall. He gave telephonic information to the police. On receipt of information, ASI Mahinder Singh went to the spot. He recorded the statement of Kishori Lal under section 154 of the Criminal Procedure Code Ext. PW -7/A. FIR Ext. PW -18/A was recorded on the basis of Ext. PW -7/A. Spot map Ext. PW -19/A was prepared. The photographs were also taken on the spot. The dead body was sent for post mortem. PW -1 Dr. N.K. Sankhyan conducted post mortem examination of the body of deceased. He issued post mortem report Ext. PW -1/A. The viscera of the deceased alongwith her blood sample, blood stained urine, vaginal swab, vaginal smear and clothes of the deceased were preserved by the Medical Officer and handed over to the Police for chemical examination. Blood lying on the spot was collected. The accused was also got medically examined from PW -2 Dr. Sanjiv Krishan. Accused made disclosure statement Ext. PW -3/A, on the basis of which hammer, Ext. P -1 was recovered. Police investigated the case and the challan was put up in the court after completing all the codal formalities.

(3.) MR . T.S. Chauhan, learned counsel for the accused has vehemently argued that the prosecution has failed to prove its case against the accused.