GAURAV RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These appeals are directed against the judgment of conviction and sentence passed by the learned Additional Sessions Judge-II, Una, District Una, in Session Trial No. 30/2011, whereby the appellants have been convicted and sentenced to undergo imprisonment for life and to pay fine Rs.10,000/- each under Section 302 of the Indian Penal Code (for short 'Code') and in default of payment to further undergo rigorous imprisonment for a period of one year. They are further sentenced to undergo rigorous imprisonment for a period of five years and pay fine Rs.3000/- each under Section 392 of the Code and in default to further undergo simple imprisonment for six months. All the sentences shall run concurrently and the period of detention undergone has been ordered to be set of under Section 428 Cr.P.C.

(2.) The prosecution story, in brief, is that on 26.4.2011, at about 11:30 p.m., Pardhan of Gram Panchyat, Bathri telephonically informed the police that a woman had been stabbed by some unknown persons who came on motorcycle and after stabbing the lady had fled away towards Punjab side. On the basis of this information rapat Ex.PW2/A entered in Police Station, Haroli and SI/SHO Shakti Singh Pathania (PW48) alongwith ASI Ashok Kumar, PSI Nishant Kumar, C. Deepak Kumar and HHG Piare Lal proceeded to the spot in the government vehicle No. HP- 20C-0507 and visited the spot. They found a woman stained with blood and injuries on her stomach and other parts of the body lying on the bed box in the verandah of sweet shop of Chaman Lal (PW1) by that time the woman had already died. Chaman Lal, husband of deceased got his statement Ex.PW1/A recorded under Section 154 Cr.P.C. to the effect that he is running a shop of halwai in bus stand, Bathri for the last 12-13 years and he used to sleep in the shop daily during the night. On 26.4.2011, at around 9:30 p.m. his wife (deceased) had come to the shop for providing dinner to him and after taking dinner he had gone to answer the call of nature at the distance of about 100 meters from the shop and while he was washing his hands at a distance of about 50 meters from the shop, he heard the cries of his wife Swarni Devi and he rushed to the shop where he saw two boys coming out of the shop who then fled away on motorcycle towards Garhshankar side. He went inside the shop and found his wife lying in blood stained condition and the Galla (chest) of the shop was opened and on checking it was found that Rs. 2000/- to Rs.2500/- were missing from the Galla. Thereafter, his Babhi Bholi Devi came on the spot and they both put Swarni Devi on the bed box but she had died. Lateron, the villagers and Pardhan of lower panchayat also came to the spot. On the statement of complainant case under Sections 392, 302 read with 34 of the Code was registered vide FIR Ex. PW33/A at Police Station, Haroli. SHO Shakti Singh Pathania conducted the investigation of the case on 27.4.2011. Ashok Kumar Videographer (PW13) visited the spot and conducted the videography of the spot. Site plan was prepared by the I.O. Ex.PW48/B on the identification of the witnesses. The blood stained leaves, ball pen, one coin of 50 paise and currency note of Rs.10/- were found and put in plastic container and were taken into possession vide memo Ex.PW2/A. Control sample of concrete was lifted from the spot and put in plastic contained vide memo Ex.PW2/B. The blood was lifted from the shop and verandah and taken into possession vide memo Ex.PW2/C. The wooden box (galla) was taken into possession vide Ex.PW2/D. Specimen of the seal Ex.PW2/E was taken on piece of cloth and seal after use was handed over to witness Satish Kumar (PW2). Dead body was examined through LC. Ramana (PW26) and form Nos. 25, 35 A & B Ex.PW4/A and application for postmortem Ex.PW25/A was prepared. The postmortem was conducted by PW29 Dr. Sanjay Mankotia, which reveal that deceased died due to hemorrhagic shock subsequent to multiple wounds and duration between death and postmortem was within 18 hours. The probable duration between injury and death was few minutes to an hour. The doctor had preserved the viscera in a jar and blood sample and clothes for chemical examination were separately packed in a parcel and handed over to the police and the doctor had issued PMR Ex.PW29/A. The doctor on receipt of FSL report Ex.PW29/B has given final opinion Ex.PW29/C. HC Vipan Kumar (PW32) on 27.4.2011 had received viscera, clothes of deceased from LC Ramana Devi and entered the same at Sl. No. 575/11 of Malkhana register. He further received case property from the I.O. and entered at Sl. No. 576/11 of Malkhana register.

(3.) On this very day i.e. 26.4.2011, information had been received that in lower Bathri two boys who were on motorcycle had caused injuries to one person with sharp edged weapon and had snatched Rs.400/- and one mobile. On receipt of such information ASI Prem Chand (PW44) had been deputed for investigation of the case FIR No. 91/2011, dated 27.4.2011, registered under Section 392, 326, 323 read with 34 of the code at Police Station, Haroli. SI Prem Chand visited the spot and recorded the statement of Rajnish and thereafter the mobile phone was put under observation for tracking its location and on 12.5.2011 location of the mobile was found in the village Samundra, District Hoshiarpur and the Mobile was found to have been issued in the name of Amrit Pal, resident of Chak Guru, District Hoshiarpur. Regarding the investigation of this fact, team comprising police officials HC Suresh Kumar (PW23), HC Sanjay (Pw20) were sent to village Samundra and during investigation Amrit Pal revealed that mobile phone being used for Sim No. 98035-91723 had been purchased by him from the appellant Gaurav Rana for Rs. 200/- and after minor repair, Amrit Pal had further sold the mobile to Jagtar Singh for Rs. 400/-. During investigation, it was found that both the appellants Gaurav Rana and Rajesh were in judicial lock-up in Punjab as they were involved in FIR No. 34/2011, dated 27.4.2011, registered under Section 394/34 IPC, registered in P.S. Nurpur Bedi. Production warrants of both the appellants were obtained from the Court and on 20.5.2011, both the appellants were produced before the Court and police remand was obtained. During police custody, the appellant Rajesh on 20.5.2011 made disclosure statement Ex.PW14/A and appellant Gaurav Rana made disclosure statement Ex.PW14/B in presence of witnesses Jaswant Singh and C. Ram Gopal and on 21.5.2011 appellant Gaurav Rana got recovered Capri and T-shirt from his house at Samundra which were packed in a cloth parcel Ex.PW15/A and sealed with three seals of 'J' and sample of seal 'J' was handed over to witness Vijay Singh. On the same day appellant-Rajesh got recovered from his house a lower (Pyjama) of blue colour and T-shirt black in colour which were kept in a parcel Ex.PW20/B after sealing the same and taking into possession vide memo Ex.PW20/A. On 26/27.4.2011, the appellants after committing the murder and causing injuries to a person at lower Bathri had stayed in the hotel named Oasis, Garhshankar and had paid Rs.1000/- for staying their. On 23.5.2011, Rs.1000/- paid by the appellants to the waiter was got recovered and taken into possession vide Ex.PW16/A. The medical examination of both the appellants was got conducted and their blood on FTA cards was handed over to MHC. Articles recovered from the appellants and other case property had been deposited with MHC.