BHAGAT RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal arises out of the conviction of accused by the trial Court for offence under Sec. 304 Part -II. Indian Penal Code by the decision of June 28, 1989 in Sessions Trial No. 83 of 1988. The accused has been sentenced to rigorous imprisonment for a period of five years and to pay fine of Rs. 500/ -. In default of payment of fine, to undergo further rigorous imprisonment for two months. Benefit of Sec. 428, Code of Criminal Procedure has, however, been extended to him.

(2.) The prosecution case is that accused Bhagat Ram (hereafter 'accused') is the father of deceased Tripta Devi (hereafter, 'deceased'). The deceased was seven years old at the time of her death. Sita Devi (PW -1O) is the wife of the accused, married fifteen years back. They had four children - Bimla (13), Nand Lal (10), Ram Lal (6) and deceased Tripta Devi (7). The accused used to give beatings to Sita Devi and her children as a result of which Sita Devi left his house and was living with her parents at Makri for about two years before the occurrence. Bimla Devi had also left the house of the accused fifteen/twenty days before the occurrence as a result of beatings by the accused. The accused was living in his house at Nakrara with his sons Nand Lal, Ram Lal and daughter Tripta Devi. On March 10, 1988, he brought the deceased from the house of Surat Ram (PW -4) where the deceased had gone on the previous day. He gave beatings to her with a 'Danda' after tying her with rope (Ext.P -2). The occurrence of beatings was seen by Nand Lal and Ram Lal (present in the house). The deceased demanded water but the accused did not give it to her. When the accused went out of the house for some -time, Nand Lal gave water to the deceased. On return, the accused gave beatings to the deceased again with a 'Danda'. The condition of the deceased deteriorated due to beatings and she started taking hiccups. The accused repented and offered to distribute sweets worth Rs. 5/ - in case deceased became well. However, the condition of the deceased did not improve and she died during the same evening. The accused wrapped the body of the deceased in a 'Khandolu' (Ext.P -3). Nand Lal and Ram Lal went to sleep. In the morning of March 11, 1988, Nand Lal found the body of the deceased missing from the house.

(3.) Gulabi Devi (PW -2) is the aunt of the accused through distant relations. She is residing in the same village at some distance from the house of the accused. She did not see the deceased in the house of the accused on March 11, 1988 for the whole day. She enquired about her whereabouts from Nand Lal on March 12, 1988. Nand Lal informed her that the deceased had been killed by the accused in the night of March 10, 1988 by beating with 'Danda'. Gulabi Devi informed Ward Panchayat Member Nikka Ram (PW -3) in the evening of March 12, 1988 that the accused had killed the deceased. Nikka Ram informed the police, Police Station, Kot telephonically in the morning of March 13, 1988. It was recorded by ASI Mahant Ram in daily 'Rojnamcha' of March 13, 1988 (Ext. PB). Receiving this information, ASI Mahant Ram (PW -13) went to village Nakrara and visited the house of the accused who was not there. Nand Lal gave the statement (Ext.PF) to ASI Mahant Ram under Sec. 154, Code of Criminal Procedure. It was thumb marked by Nand Lal after admitting the correctness of the sentences. It was attested by Ram Chand (PW -6), present there, and then sent to Police Station, Kot for the registration of the case. Accordingly, the First Information Report (Ext.PW) was registered under Sec. 302/201, Indian Penal Code.